Clause (1) of Article 136 of the Constitution provides as under:
“Notwithstanding anything in this Chapter, the Supreme Court may, in its discretion, grant special leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any court or tribunal in the territory of India.” [Emphasis supplied by me.]
Therefore, theoretically speaking, the Supreme Court has the power under Article 136 to grant special leave (in an SLP) from any judgment, etc., from any court or tribunal in India. This includes Sessions Court also. But, in practice, the Supreme Court will not allow an SLP being filed before it directly from the Sessions Court and it will direct you to first approach the High Court under appropriate proceedings. Therefore, you must first approach the High Court under appropriate proceedings and, if needed, then only approach the Supreme Court.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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