Affidavit of Facts in the Supreme Court of India

In the legal proceedings before the Supreme Court of India, an Affidavit of Facts serves as a crucial document that outlines the facts of the case as presented by the Petitioner, Appellant, or Respondent. This affidavit forms part of the formal process when submitting petitions, appeals, or writs, and is essential for the court’s consideration in the case.

This article provides an overview of the structure and importance of an Affidavit of Facts in matters before the Supreme Court, as well as the role it plays in facilitating legal proceedings.

Format of the Affidavit of Facts

When filing a Special Leave Petition (SLP), Appeal, Writ Petition (W.P.), or Transfer Petition (T.P.) in the Supreme Court of India, the Affidavit of Facts is submitted to support the petition. Below is the typical format of an Affidavit of Facts, which is structured to present the necessary details about the case, the facts involved, and any additional legal documents related to the case.

In the Supreme Court of India

(Appellate/Original Jurisdiction)
S.L.P./Appeal/W.P./T.P. (Civil/Crl.) No. …………….………………….. of 200

In the Matter of:
…………………………………………………………………………………………………… Petitioner(s)
Versus
………………………………………………………………………………………………… Respondent(s)

AFFIDAVIT OF FACTS

I, ………………………………………………………………………………………….,Son/Daughter of ……………………………………………………………………..Age ……………………… Years, by profession ………………………………………………….,Resident of ………………………………………………………………………………, do solemnly affirm and state as follows:

1. Personal Affiliation with the Case:
   “I am the pairokar/one of the petitioners/appellants/respondent in the above matter and am fully acquainted with the facts of the case.”
   The deponent introduces themselves and confirms their position in the case, whether as the Petitioner, Appellant, or Respondent, and acknowledges familiarity with the facts involved.
2. Accuracy of Facts Stated:
   “The facts stated in the accompanying petition are true to my knowledge, and the rest are on information derived from the papers of the case and believed to be true.”
   The deponent affirms that the information provided in the petition is accurate, and any other details are based on documents or information received from reliable sources.
3. No Prior Filing in the Supreme Court:
   “That no Special Leave/W.P./T.P. has been filed in the above matter earlier by me in the Hon’ble Supreme Court against the impugned order/Judgment. Decree for similar relief.”
   This clause confirms that the Petitioner or Appellant has not previously filed any petitions or appeals in the Supreme Court seeking the same relief for the issue at hand.
4. Accuracy of Miscellaneous Petition and Annexures:
   “The facts stated in the accompanying Miscellaneous Petition (namely Stay/Condonation of Delay/Bail/application for filing proof of surrender/exemption from filing the impugned order/application for substitution of L.R.S. and other miscellaneous petitions with their annexures) are true and correct to my knowledge derived from the record of the case and my personal knowledge.”
   This section ensures that any additional petitions, such as those related to stay orders, condonation of delay, or bail, are supported by accurate facts and information.
5. Personal Knowledge of Specific Details:
   “I say that the facts stated in paragraphs …………………………… to ………………………. and pages ………………………. to ……………. of the Special Leave Petition and pages B to ………………………. of the List of Dates are true to my personal knowledge, and the submissions made therein are based on legal advice which I received and believe to be true.”
   The deponent provides further verification of specific sections of the petition or appeal, confirming that the content is accurate based on their personal knowledge and the legal advice they received.
6. Verification of Annexures:
   “That the annexures being enclosed with the petition, are true copies of their respective originals.”
   The deponent affirms that the documents and annexures submitted with the petition are accurate and are copies of the original records.

DEPONENT

Sworn and verified at: _____________________, on this the ___________ day of ___________ 200

Importance of the Affidavit of Facts

The Affidavit of Facts is a critical document in the legal process before the Supreme Court of India. It serves several important functions:

1. Establishes Credibility

The affidavit helps to establish the credibility of the petition or appeal by affirming that the facts presented are accurate and based on personal knowledge or reliable information. This is essential for building a strong case before the court.

2. Clarifies the Respondent’s Position

In case of Respondents, the affidavit helps clarify their position in response to the petitioner’s claims. It ensures that the court has a clear understanding of the facts and legal grounds of the case.

3. Ensures Legal Compliance

The Affidavit of Facts must be filed in accordance with the Supreme Court Rules. It provides a sworn statement under oath, ensuring that the content of the petition or appeal is authentic and has legal standing in the eyes of the court.

4. Supports Legal Arguments

The contents of the affidavit are often used to support legal arguments presented in the petition. For example, if the petitioner is seeking a stay order, a condonation of delay, or other reliefs, the facts stated in the affidavit will help justify the request and provide context for the Supreme Court’s decision.

Legal Assistance from Legal Light Consulting (LLC)

Filing an Affidavit of Facts can be complex and requires careful attention to detail. Legal Light Consulting (LLC) is a leading law firm that specializes in Supreme Court matters, offering expert legal services to petitioners, appellants, and respondents.

Whether you are filing a Special Leave Petition, Writ Petition, or any other legal matter before the Supreme Court of India, LLC can help you:

• Draft and file affidavits that accurately reflect your case.
• Ensure legal compliance with Supreme Court procedures.
• Provide strategic legal advice to strengthen your case.
• Assist with document preparation and submission.

If you are facing a legal issue before the Supreme Court of India, contact Legal Light Consulting (LLC) today for professional legal guidance and expert representation.

Conclusion

The Affidavit of Facts is a foundational document in the Supreme Court’s legal proceedings. Whether you are the Petitioner, Appellant, or Respondent, having an accurate and well-drafted affidavit is essential to presenting your case effectively.

Legal Light Consulting (LLC) is committed to providing comprehensive legal support, ensuring your legal matters are handled with the utmost professionalism and expertise