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(Guest)

Abuse of special leave petition jurisdiction

Like in all other courts and laws, abuse of SLP route has grown quite popular(notorious) to gatecrash by rich into supreme court to take that one more chance to stall execution of order by lower courts and try to make it beyond the capacity of common man to seek relief. The Supreme court is flooded with SLPs in last few years so much so that outstanding cases n Supreme court have exceeded 60,000 and given full strength even (30) there is per judge 2000 cases mind boggling and one cant expect any justice before 7-10 years.This is besides time taken by judges for routine in-limine dismissals.

Hence now I seek clarification on following:

1.Is it correct to give supreme court open and un-reigned discretionary powers to hear anything on any matter even though decided by competent higher courts below and SCI has no original jurisdiction specially SLPs
2. What are parameters used to admit SLP by supreme court
3.Are these parameters limited and well defined 
4.Should there be time limit to dispose SLP since it stalls justice to opposite party already aggrieved by lengthy litigation.
5.Should supreme court interfere in special enactment cases like Consumer Protection,women victimization and domestic violence which were enacted by parliament to speed up & process justice separately and fast track?
6. Are there any case laws in this regard where supreme court in past has laid down or defined a need or no need to hear a SLP

The above are interesting and very vital questions and I solicit expert comments from senior counsels on this

Thanks 



Learning

 2 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     11 November 2015

Dear Guptaji,

Answers for UR points"

1.Yes

2.Merits of the case

3.No limit but defined according to the constitution.

4..Can be fixed provided there are no counters.

5.SC has powers to interefere

6.U could get them in various legal sites.

I HAVE JUST ANSWERED IN OBJECTIVE TYPE AND HAVE NOT ELABORATED THE REASONS.

 

1 Like

Naga Balaji (Law Student.)     22 May 2016

Supreme Court declines to limit its power to hear appeals against any court.

Refer the below article and find the judgment.

https://www.livemint.com/Politics/LTVen09Ssk7VO8wKJwTDKO/Supreme-Court-declines-to-limit-its-power-to-hear-appeals-ag.html


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