After HC’s refusal to stay conviction, what will Rahul Gandhi do? This is a question? On the other hand, Congress leader Abhishek Manu Singhvi has said that they will move to Apex Court. But under which provision can Rahul Gandhi file petition in the Supreme Court? Answer is Article 136 of Constitution of India.
What is Article 136?
Under Article 136, an Special Leave Petition can be filed before the Supreme Court.
An aggrieved party can approach the Apex Court under Article 136 in case any constitutional or legal issue exists and which can be clarified by the Supreme Court of India. This can be heard as civil or criminal appeal as the case may be.
The Constitution of India vests “discretionary power” in the Supreme Court of India. It may, in its discretion, be able to grant special leave to appeal from any judgment or decree or order in any matter or cause made or passed by any Court-Tribunal in the territory of India. The Supreme Court of India may also refuse to grant the leave to appeal by exercising its discretion.
An aggrieved party from the judgmentment or decree of high court cannot claim special leave to appeal as a right but it is privilege which the Supreme Court of India is vested with and this leave to appeal can be granted by it only. So, this is the remedy which Rahul Gandhi is going to avail. As senior lawyer and Congress leader Abhishek Manu Singhwi has said that they hope that the Supreme Court will correct the impugned order of the Gujarat High Court and we believe that the Apex judiciary will support the truth only.
This is to be noted that Rahul Gandhi is also facing similar charges in some another states. The Jharkhand High Court exempted Gandhi from in-person appearances before a Ranchi court where he is facing defamation charges for the same remarks.
