Special Leave Petitions and Affidavits: A Closer Look at Supreme Court Procedures

The Supreme Court of India, as the highest judicial body, provides recourse to litigants through the Special Leave Petition (SLP) mechanism under Article 136 of the Constitution.

Filing an SLP requires adhering to strict procedural formalities, including submitting affidavits that authenticate the claims and documents presented before the Court.

Key Components of the Affidavit in SLPs

An affidavit, such as the one filed in the case of “ABCD vs. Union of India & Ors.,” is a sworn statement of facts that forms an integral part of the petition. It serves to:

1. Authenticate Information: The petitioner affirms that the facts, synopsis, and documents cited in the SLP are accurate and confined to the pleadings made before the High Court, whose order is under challenge.
2. Certify Annexures: The affidavit certifies that the annexures attached to the SLP are true copies of the original documents and essential for the case.
3. Ensure Consistency: The petitioner assures the Court that the parties’ names and facts remain consistent with those presented in the High Court proceedings.
4. Confirm Instructions to Counsel: The affidavit validates that the petitioner has instructed their advocate to prepare the petition based on accurate and complete information.

Highlights of the Affidavit

1. Competency and Authorization: The petitioner asserts their competency to swear the affidavit, being well-versed in the case facts.
2. Confinement to Records: The affidavit guarantees that no additional facts or grounds have been introduced beyond those relied upon in the High Court.
3. Transparency and Verification: The petitioner declares that all statements are true and nothing material has been concealed.

Significance in Judicial Proceedings

The affidavit ensures procedural integrity and substantiates the SLP’s contents, enabling the Court to evaluate the matter effectively. Any misrepresentation or omission in the affidavit can result in dismissal or adverse orders.

Legal Expertise: An Indispensable Asset

Drafting affidavits and petitions for the Supreme Court is a specialized skill. Legal professionals, like those at Legal Light Consulting (LLC), bring critical expertise to the table. Their meticulous approach ensures compliance with procedural norms, enhancing the chances of a favorable outcome.

Format of affidavit to be filed with SLP (Special Leave Petition) in Supreme Court

IN THE SUPREME COURT OF INDIA
UNDER ORDER XXI, RULE 3(1) (a)

CIVIL APPELLATE JURISDICTION
(UNDER ARTICLE 136 OF THE CONSTITUTION OF INDIA)

SPECIAL LEAVE PETITION (C) NO. _____OF 20___

BETWEEN:

ABCD                                                                    ….PETITIONER

VERSUS

UNION OF INDIA & ORS                                         ….RESPONDENTS

AFFIDAVIT

To
HON’BLE THE CHIEF JUSTICE OF INDIA
AND HIS COMPANION JUDGES OF THE
SUPREME COURT OF INDIA

The Humble application of the Petitioner above named

MOST RESPECTFULLY SHOWETH:

I, _____________, Aged about ___years, s/o Sh. ___________ r/o ________________ __________________ ______________, presently at New Delhi, do hereby solemnly affirm and declare as under:-

1. That I am the Petitioner in the aforementioned Special Leave Petition and am well conversant with the facts and records of the case and therefore, competent and authorized to swear this affidavit.
2. That I have read the contents of the List of dates and Synopsis (Pages ____to ___), Special Leave Petition (Pages ___ to ___, para __ – ___), Application for Exemption from filing official translation (Pages ___ to ____), Application for permission to include additional grounds and the contents of the same are believed to be true and correct to the best of my knowledge and based on the records of the case.
3. That, I state and certify that the Special Leave Petition is confined only to the pleadings before the Hon’ble High Court whose order is under challenge and to the other documents relied upon in those proceedings. No additional facts, or grounds have been taken therein or relied upon in the Special Leave Petition.
4. I further state and certify that the copies of the documents/ Annexures attached with this Special Leave Petition are necessary to answer the questions of law raised in the petition or to make out grounds urged in this Special Leave Petition for consideration of this Hon’ble Court.
5. I further state that all the Annexures to this Special Leave Petition are true copies of their respective originals.
6. I further state and submit that the names of the parties are the same as before the Hon’ble High Court.
7. I state that I have accordingly instructed my advocate on record and the Special Leave Petition and the accompanying documents, application for exemption have been drafted on the basis of my instruction as stated above. I have fully understood and I am aware that on the basis of my instructions the advocate on record will file a certificate certifying the above before this Hon’ble Court.

DEPONENT

VERIFICATION:
I the above named deponent do hereby verify that the contents of the aforesaid affidavit from para ____ to ____ are true and correct to the best of my knowledge, no part of it is false nothing material has been concealed there from.

Verified at New Delhi on this ____ day of _____________ 20__.

DEPONENT

Conclusion

Filing an SLP is not merely about presenting grievances; it is about ensuring procedural precision and legal soundness. The affidavit, a cornerstone of this process, reflects the petitioner’s commitment to transparency and justice.

For individuals navigating Supreme Court proceedings, expert legal guidance is essential. Contact Legal Light Consulting (LLC) to ensure your legal needs are handled with precision and professionalism.