BAGGAGE OF SPECIAL LEAVE PETITIONS WITH SPECIAL EMPHASIS TO RAMAN BHAI NARAN BHAI PATEL AND ORS v. STATE OF GUJARAT
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Abstract
The Apex Court recently in presence of Special Leave Petition has constantly experienced an impediment to justice due to exploitation of this privilege in frivolous filings. Litigants have time and again in expectation of altered and favourable verdict approached the Supreme Court with frivolous questions of law and barging the door of miscarriage of justice. In lieu of which this paper relying heavily on the case of Raman Bhai Naran Bhai Patel V. State of Gujarat i has tried to analyse the instrument of this special leave and concluded with viable solution models in other countries jurisdictions to assist and aid the SC in creating a barrier to the floodgates of frivolous SLPs. Taking note of the author’s proposition might help in being a cog in the wheel to reduce the heavy burden of cases as well as logistical issues catered to by defending litigants and Court administration. The use of Article 136 as a discretionary power of SC to grant special leave to party is being substituted and reverse with the right of the party to approach the court through Article 32. Justice Dalvi has given the best analogy to substantiate this grave issue and has said using Article 136 for frequent common issues is just like approaching a niche super specialist doctor for general medicines and this is unequivocally a true representation of the degree of misuse of SLPs.
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