Supreme Court of India —
Article 136 SLP & Article 32 Writs

The Supreme Court of India exercises three principal criminal jurisdictions. First, appellate jurisdiction under Article 136 of the Constitution — Special Leave Petitions against final judgments and orders of any Court or Tribunal in India. Second, original constitutional jurisdiction under Article 32 — writ remedies for enforcement of fundamental rights, principally habeas corpus in cases of illegal detention. Third, statutory criminal appellate jurisdiction under Section 411 BNSS (formerly Section 379 CrPC) for cases where the High Court has reversed an acquittal and sentenced the accused to seven years or more, and other specified categories. The Court also exercises advisory jurisdiction under Article 143 in rare cases referred by the President.

Article 136 SLP is the principal route to the Supreme Court in criminal matters. The 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. The 30-day limitation under Article 134 of the Limitation Act runs from the date of the impugned order, with provisions for condonation of delay on sufficient cause. SLP (Crl) is most commonly filed against orders of the Delhi High Court and other High Courts — bail refusals, conviction confirmations, quashing rejections, and other final orders. The Court grants special leave sparingly and on substantial grounds.

Advocates-on-Record (AORs) are advocates qualified to file pleadings on behalf of clients in the Supreme Court of India under the Supreme Court Rules 2013. Only AORs may file vakalatnamas, petitions, and memoranda of appeal in the Supreme Court. Other advocates (including Senior Advocates) appear and argue but cannot themselves file. The AOR examination is conducted by the Bar Council of India and certified by the Supreme Court. UC&A operates an AOR-associated practice — Senior Partner Advocate Subodh Bajpai works with empanelled AORs for filing in the Supreme Court, while leading the strategy and substantive argument preparation. This is the standard practice for non-AOR-firm engagements at the Supreme Court.

The Supreme Court hears SLP (Crl) bail matters where the High Court has refused bail. The Court applies the Antil framework on bail categories, examines whether the High Court order is sustainable in law and on facts, and considers constitutional liberty principles from Arnab Manoranjan Goswami and Balchand. Bail at Supreme Court level in PMLA, CBI, and special-Act matters is granted in cases that demonstrate (i) prolonged custody without trial progress, (ii) procedural defects in investigation or arrest, (iii) constitutional liberty considerations, or (iv) the accused's position falling within the relaxations under the special-Act provisions. The Court typically grants bail with conditions equivalent to those imposed at the High Court level.

Section 411 BNSS (formerly Section 379 CrPC) provides for an appeal as of right to the Supreme Court in specified categories — principally where the High Court has reversed an order of acquittal of an accused person and convicted him, sentencing him to imprisonment for life or for a term of ten years or more, or to death. This is distinct from Article 136 SLP — Section 411 BNSS appeal is a matter of right, while SLP requires special leave. Limitation is 30 days from the date of the High Court order, with condonation provisions.

Article 32 of the Constitution confers original jurisdiction on the Supreme Court to issue writs of habeas corpus, mandamus, prohibition, certiorari, and quo warranto for enforcement of fundamental rights. In criminal matters, Article 32 writs of habeas corpus are filed where there is illegal detention and the relief is sought directly from the Supreme Court rather than the High Court. The Supreme Court ordinarily directs that such matters be filed before the appropriate High Court under Article 226 unless there are exceptional circumstances justifying direct invocation of Article 32. The Court has emphasised that Article 32 is a "guaranteed right" but should be exercised in genuine cases.

The Supreme Court of India sits at Tilak Marg, New Delhi 110001 — adjacent to the Bhagwan Das Road / Tilak Marg crossing, between Pragati Maidan and Mandi House. The principal court complex houses the Chief Justice's Court, multiple Court rooms numbered Court 1 through Court 15, the Registry, the Filing Counter, and the Bar Library. The Court ordinarily sits Monday to Friday, with Mondays and Fridays designated as Miscellaneous Days for SLP admission and other listing matters. Tuesdays, Wednesdays, and Thursdays are non-Miscellaneous Days for substantive hearings. Vacation Benches sit during summer and winter recess.

Yes. The firm operates an AOR-associated practice for Supreme Court filings. SLP (Crl) is filed against final orders of the Delhi High Court and other High Courts in PMLA, CBI, EOW, Companies Act, NI Act, and general BNS matters. The team prepares substantive strategy, drafting, and oral submissions; the empanelled AOR files. Senior Counsel are briefed for Supreme Court oral arguments where the matter requires. The 30-day SLP limitation requires rapid mobilisation — engagement letters cover scope, fee structure, AOR engagement, and Senior Counsel briefing where applicable. Contact +91 84008 60008 (mark URGENT for time-critical SLPs) or legal@unifiedchambers.com.