Can Review Petition be filed in HC against an order against which SLP had been dismissed by SC?
UNDER Article 136 of the Constitution, the Supreme Court may, in its discretion, grant Special Leave to appeal from any judgement, decree, sentence or order in any cause or matter passed or made by any court or tribunal. This is apart from the appeal provisions contained in certain specified Acts like the Central Excise Act or the Customs Act.
Now, suppose an SLP is filed in the Supreme Court against an order of the High Court and the SLP is dismissed with or without reasons. The party files a review petition in the High Court and against the order in review, again files an SLP in the Supreme Court. Is it allowed?
This was the question before the Supreme Court in a recent case.
The Supreme Court did not have a ready answer as it found that much could be said for both sides. The Supreme Court observed, "We notice considerable arguments are being raised before this Court as well as before various High Courts in the country on the maintainability of review petitions after the disposal of the special leave petition without granting leave but with or without assigning reasons on which also conflicting views are also being expressed by the two-Judge Benches of this Court. In order to resolve those conflicts and for proper guidance to the High Courts, we feel it would be appropriate that this matter be referred to a larger bench for an authoritative pronouncement."
So, the matter is now before a Larger Bench of the Supreme Court. We will know the answer in a few years.