Respondent Matter: Filing an Affidavit in the Supreme Court of India

When a case is brought before the Supreme Court of India—whether it involves a Special Leave Petition (SLP), Criminal Appeal (Crl.A.), Civil Appeal (C.A.), Writ Petition (W.P.), or Transfer Petition (T.P.)—the Respondent in the matter must provide a clear, legal reply to the petitioner’s claims.

This is often done through the submission of a Counter Affidavit, in which the Respondent challenges or defends the Petitioner’s claims, and affirms the facts and circumstances of the case.

This article explains the format and importance of the affidavit submitted by the Respondent in the Supreme Court of India, and how legal assistance from firms like Legal Light Consulting (LLC) can ensure that the Respondent’s interests are effectively represented.

Respondent’s Affidavit in the Supreme Court

An affidavit is a formal written statement made under oath and is an essential document in the legal proceedings of the Supreme Court. When the Respondent submits an affidavit, it is generally accompanied by a Counter Affidavit that responds to the arguments raised by the Petitioner.

Typical Format of a Respondent’s Affidavit

A Respondent’s Affidavit follows a set format, and the contents are crucial to establishing the credibility of the defence. The typical format is as follows:

In the Supreme Court of India

(Civil/Criminal Appellate Jurisdiction)
Special Leave Petition/Crl.A./C.A./W.P./T.P. (Civil/Crl.) No. ………………… of 200

In the Matter Of:
……………………………………….…………….. Petitioner(s)
Versus
………………………………………………….……………………………….. Respondent(s)

AFFIDAVIT

I, ……………………….…………………………………………………. Son/Daughter/Wife of……………………………….………………………………………….. Age……..…………… years, by profession……………………………………………………………………………………. , resident of………………………………………………..……………………………………………….… do hereby solemnly affirm and state as under:

1. Personal Information and Affiliation with the Case
   “That I am the Respondent/one of the Respondents in this case and as such I am fully acquainted with the facts and circumstances of the case.”
   The deponent introduces themselves as the Respondent in the case, affirming that they are familiar with all the facts of the case, which they are defending.
2. Acknowledgment of the Counter Affidavit
   “I have read/read over the accompanying counter affidavit and explained to me in Vernacular, and having understood the contents thereof, in reply to it, I say that the facts stated therein are true and correct to my knowledge.”
   The Respondent confirms that they have read and understood the Counter Affidavit and acknowledges that the facts presented are true.
3. Verification of Annexures
   “That the Annexures filed with the counter affidavit are true copies of their respective originals.”
   This clause verifies that the attached documents and annexures are authentic copies of the original documents that support the Respondent’s case.
4. No Introduction of New Facts
   “That no facts, which were not pleaded in the Courts below, have been pleaded in this counter affidavit.”
   The Respondent asserts that all facts in the Counter Affidavit are based on the case presented in lower courts, and no new facts have been introduced that were not already addressed.
5. Affirmation of Truth
   “That the contents of this affidavit are true to my knowledge and belief.”
   The deponent swears that all the information in the affidavit is accurate to the best of their knowledge and belief.

Sworn & Verified at ………………………………………………………….. I this the ……………… days of …………………………………. 200

DEPONENT

Importance of the Affidavit in Respondent Matters

The Respondent’s Affidavit plays a crucial role in the legal proceedings, as it serves as a formal defense against the claims made by the Petitioner. It is essential for establishing the Respondent’s position in the case and must be submitted correctly, as it forms part of the Supreme Court’s records for consideration.

An improperly drafted affidavit can lead to delays, misrepresentation, or even dismissal of the Respondent’s case. Therefore, the Respondent must ensure the affidavit is accurate, comprehensive, and legally sound.

How Legal Light Consulting (LLC) Can Help

Navigating the legal procedures and drafting the necessary affidavits requires skill and experience. Legal Light Consulting (LLC) specializes in handling complex Supreme Court matters, including providing expert legal assistance in drafting Respondent’s Affidavits, Counter Affidavits, and other necessary documents for litigation.

Services Provided by LLC:

• Expert Legal Counsel: LLC’s team of skilled lawyers can guide the Respondent through the legal complexities of the case, helping them understand the implications of the counter-affidavit and the Supreme Court procedures.
• Affidavit Drafting: LLC can draft accurate and legally sound affidavits tailored to the Respondent’s case, ensuring that the legal documents align with the standards set by the Supreme Court.
• Strategic Representation: Whether in Civil or Criminal cases, LLC provides comprehensive representation in the Supreme Court to protect the interests of the Respondent.
• End-to-End Support: From filing the affidavit to appearing in court, LLC offers complete support at every stage of the legal process.

Conclusion

In any Supreme Court case, the Respondent plays a vital role in ensuring the fair administration of justice. The Respondent’s Affidavit is a key document in presenting the defence and challenging the claims made by the Petitioner.

With Legal Light Consulting (LLC), Respondents can rest assured that their legal matters are in the hands of seasoned professionals committed to delivering justice.

For expert legal assistance in Respondent matters in the Supreme Court of India, contact Legal Light Consulting (LLC). Our team is ready to provide the guidance and support you need for a successful legal outcome.