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The Supreme Court has issued order directing all litigants who propose to file special leave petitions on civil and criminal side without certified copy of the high court's order or judgment to bring on record an acknowledgement from the high court concerned about their application for such copies along with an undertaking to place the impugned judgment on record as soon as possible.

"We are pained to note that despite there being specific provisions in the 2013 Supreme Court Rules requiring a special leave petition to be accompanied by the certified copy of the impugned judgment and order, such provisions are observed more in the breach. Such a situation should not to be allowed to persist; so long the rules exist, there has to be substantial compliance," a bench of Justices Dipankar Datta and Prashant Kumar Mishra said.

In a judicial order, the bench said even if the certified copy is not available on the date of presentation of a special leave petition, proof of application for such copy has to be adduced for the court to consider the prayer for exemption.

"It has been our joint experience on the bench of this court (howsoever short it is) that in the vast majority of matters arising from the high courts and placed before us for decision, the special leave petitions are accompanied by applications seeking exemption from filing certified copies of the judgments and orders impugned in such petitions," the bench said.

"Invariably, so to say, the court accepts the statements made in such applications believing what have been stated therein as correct. This mild approach of the Court has generated a sense of belief among litigants that they can get away scot-free even by making statements which are far from the truth. It is high time that some sense of discipline is instilled so that the court is not taken for a ride," the bench added.

The court noted insofar as special leave petitions in criminal proceedings are concerned, Rule 3 of Order XXII of the Supreme Court Rules, 2013 ordained that the petitions shall be accompanied by a certified copy of the judgment or order appealed from. Similar provision is found in Rule 4 of Order XXI of the 2013 Rules for special leave petitions pertaining to civil matters. 

Rule 1 (19) of Order V of the 2013 Rules ordains that the Registrar may exercise the powers of the Court in relation to application for exemption from filing of certified copies of judgments, decrees, orders, certificates or orders granting certificate subject to the proviso that an application for exemption from filing of certified copy of the judgment or order accompanying a special leave petition shall be posted before the court along with the special leave petition, the bench pointed out.

"We are minded to say that litigants, finding that the Court is lenient in relation to matters, inter alia, concerning filing of certified copy of the impugned judgment and order, seldom apply for and obtain such copy; more often than not, it is the downloaded copy of the impugned judgment and order which is annexed to the special leave petition," the bench said. 

The court also pointed out it is common knowledge that a high percentage of special leave petitions come to be dismissed/disposed of on the first day of listing, without the petitioner actually filing such certified copy. Even, no undertaking is obtained from any litigant to file the certified copy of the impugned judgment and order as and when the same is furnished to him by the concerned Section/Department of the high court.

Dealing with a special leave petition filed against the Calcutta High Court's order after delay of 774 days, the bench noted no such receipt was annexed to the application for condonation of delay which required the top court to make the order to ascertain the correct position on facts.

The court thus issued a practice direction to be observed by all litigants who proposed to file special leave petitions both on the civil side as well as on the criminal side with effect from August 20, 2024.

The direction stated, “If any special leave petition, arising out of civil proceedings as well as criminal proceedings, is accompanied by an application for exemption from filing certified copy of the judgment and/or order under challenge, such application must have, as an annexure, the receipt that has been generated/provided by the concerned Section/Department of the high court as acknowledgment of receipt of an application from the applicant for certified copy of the impugned judgment and/or order and the reason for seeking exemption; further, it must have an averment that the application for certified copy has not lapsed owing to non-filing of requisites or otherwise; also, the application must contain an undertaking of the applicant to place the certified copy of the impugned judgment and/or order on record as soon as possible after the same is furnished to him by the concerned Section/Department of the high court.”

The bench also asked Secretary General, Supreme Court of India to bring the order to the notice of all concerned by issuing an appropriate circular.