Order XXII - Special Leave Petitions in Criminal Proceedings : Supreme Court Rules 2013
How to file Special Leave Petitions in Criminal Proceedings? Order XXII of Supreme Court Rules 2013
Order XXII of Supreme Court Rules 2013 : "Special Leave
Petitions in Criminal Proceedings"
1. (1) Where leave to appeal to the Court was refused in a
case by the High Court, a petition for special leave to appeal
shall, subject to the provisions of sections 4, 5, 12 and 14 of
the Limitation Act, 1963 (36 of 1963), be lodged in the Court
within sixty days from the date of order of refusal and in any
other case not involving sentence of death, within ninety days
from the date of Judgment or order sought to be appealed from
and in a case involving sentence of death within sixty days from
the date of Judgment or order sought to be appealed from:
Provided that where an application for leave to appeal to the
High Court from the Judgment of a Single Judge of that Court has
been made and refused, in computing the period of limitation in
that case under this rule,
the period from the making of that application and the rejection
thereof shall also be excluded.
Explanation.- For purposes of this rule, the expression
'order of refusal' means an order refusing to grant the
certificate under article 134A of the Constitution, being a
certificate of the nature referred to in article 132 or article
134, as the case may be, of the Constitution on merits and shall
not include an order rejecting the application on the ground of
limitation or on the ground that such an application is not
(2) Where the period of limitation is claimed from the date
of refusal of a certificate, it shall not be necessary to file
the order refusing a certificate, but the petition for special
leave shall be accompanied by an affidavit stating the date of
the Judgment sought to be appealed from, the date on which the
application for a certificate was made to the High Court, the
date of the order refusing the certificate and the ground or
grounds on which the certificate was refused and in particular
whether the application for a certificate was dismissed as being
out of time.
2. (1) The provisions contained in Rule 3(1) of Order XXI,
shall with necessary modifications and adaptations, be
applicable to these petitions seeking special leave.
(2) No petition shall be entertained by the Registry unless
it contains a statement as to whether the petitioner had filed
any petition for special leave to appeal against the impugned
Judgment or order earlier, and if so, with what result, duly
supported by an affidavit of the petitioner or his pairokar
(3) The Court shall, if it finds that the petitioner has not
disclosed the fact of filing a similar petition earlier and its
dismissal by this Court, dismiss the second petition if it is
pending or if special leave has already been granted therein,
revoke the same.
(4) SLPs shall be confined only to the pleadings before the
Court / tribunal whose order is challenged and the other
documents relied upon in those proceedings. No additional facts,
documents or grounds shall be stated or relied upon without
express prior permission of the Court obtained on an application
made for this purpose.
3. The petition shall be accompanied by-
(1) a certified copy of the Judgment or order appealed from;
(2) an affidavit in support of the statement of facts
contained in the petition.
4. No annexures to the petition shall be accepted unless such
annexures arc certified copies of documents which have formed
part of the record in the Court or Tribunal sought to be
appealed from provided that uncertified copies of documents may
be accepted as annexures if such copies are affirmed to be true
copies upon affidavit.
5. Where the petitioner has been sentenced to a term of
imprisonment, the petition of appeal shall state whether the
petitioner has surrendered and if he has surrendered then the
petitioner shall, by way of proof of such surrender, file the
certified copy of the order of the Court in which he has
surrendered or a certificate of the competent officer of the
Jail in which he is undergoing the sentence. A mere attestation
of the signatures on the Vakalatnama from the jail authorities
shall not be considered as sufficient proof of surrender. Where
the petitioner has not surrendered to the sentence, the petition
of appeal shall not be accepted by the Registry unless it is
accompanied by an application for seeking exemption from
surrendering. Where the petition of appeal is accompanied by an
application for exemption from surrendering, that application
alone shall be posted for hearing/orders before the Court in the
6. The Respondent shall be at liberty to file his objections
within 30 days from the date of receipt of notice or not later
than 2 weeks before the date appointed for hearing, whichever be
7 (1) If the petitioner is in Jail and is not represented by
an advocate-on-record, he may present his petition for special
leave to appeal together with the certified copy of the Judgment
and any written argument which he may desire to advance to the
officer-in charge of the jail, who shall forthwith forward the
same to the Registrar of this Court. Upon receipt of the said
petition, the Registrar of the Court shall, whenever necessary
call, from the proper officer of the Court or the Tribunal
appealed from, the relevant documents for determination of the
petition for special leave to appeal.
(2) As soon as all necessary documents are available the
Registrar shall direct engagement of an Advocate from the panel
of Supreme Court Legal Services Committee, or assign a Panel
Advocate at the cost of the state and thereafter place the
petition and complete documents for hearing before the Court.
The fee of the advocate so engaged shall be such, as may, from
time to time, be fixed by the Chief Justice.
(3) After the hearing of the petition or the appeal, as the
case may be, is over, the Registrar, the Additional Registrar or
the Deputy Registrar shall issue to the Advocate, engaged at the
cost of the State, a certificate in the prescribed form
indicating therein the name of the said Advocate engaged at the
cost of the State concerned and the amount of fees payable to
the said advocate.
(4) The State concerned shall pay the fees specified
in the certificate issued under sub-rule (3) to the
Advocate named therein within three months from the date
of his presenting before it his claim for the fees
supported by the certificate. If the fees are not paid
within the period above-said, the Advocate shall be
entitled to recover the same from the State concerned by
enforcement of the certificate as an order as to costs
under the Supreme Court (Decrees and Orders) Enforcement
Explanation. For the purposes of this rule, the term "State"
shall include a Union Territory.
8. On the granting of the special leave, the petition for
special leave shall be treated as the petition of appeal and
shall be registered and numbered as such.
9. While granting special leave, in all matters in which the
Bench granting special leave is of the opinion that the matter
is capable of being disposed of within a short time, say, within
an hour or two, it will indicate
accordingly. The office shall maintain a separate register of
such matters to enable the Chief Justice to constitute a Bench
for the disposal of such matters.
10. Upon an order being made granting special leave to
appeal, the Registrar shall transmit to the Court appealed from,
a certified copy of the order together with a certified copy of
the petition for special leave, and the affidavit, if any, filed
in support thereof.
11. On receipt of the said order, the Court appealed from
shall give notice of the order to the respondent and require'
the parties to take all necessary steps to have the record of
the case transmitted to the Court in
accordance with the directions contained in the order granting
special leave. The Registrar of the Court appeal from shall
certify to the Registrar of the Court that the respondent has
received notice of the order of the Court granting special leave
12. The provisions contained in this order shall apply to an
application for leave to appeal to the Supreme Court under
Section 31(2), second part, of the Armed Forces Tribunal Act,
2007, with such modifications and adaptations as may be