The special leave petition
A High Court order refusing bail or anticipatory bail is challenged by a special leave petition (criminal) under Article 136 of the Constitution. The State or the complainant can also challenge an order granting bail. The Supreme Court decides first whether to issue notice, and may grant interim protection or interim bail at that stage.
Filing through an Advocate-on-Record
In the Supreme Court, only an Advocate-on-Record can file a petition on a client's behalf. Vinay Redhu prepares the matter and appears in it, and the petition is filed through an Advocate-on-Record.
What goes into the petition
- A synopsis and list of dates covering the arrest, investigation and every earlier bail order.
- The High Court's order under challenge, and the orders of the courts below.
- Questions of law and the grounds, such as long custody, delay in trial, or parity with co-accused.
- An application for interim relief, and where needed, for exemption from filing a certified copy.
After a conviction, a petition by a person sentenced to imprisonment must state whether they have surrendered. If they have not, an application for exemption from surrendering has to be filed with it.
Timing
Fresh matters are listed after filing and checking by the Registry. In matters of personal liberty, an urgent listing can be requested. Exact timelines depend on the Supreme Court's listing at the time.