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SC: Third Party Can File SLP Under Article 136 in Criminal Cases

The Supreme Court of India has reiterated that a third party can file a Special Leave Petition (SLP) under Article 136 of the Constitution against the quashing of criminal proceedings. A Bench of Justices C.T. Ravikumar and Sanjay Karol held that such appeals by private individuals can be entertained sparingly and with due vigilance, emphasizing the need to ensure substantial justice.


The Court relied on precedents, including National Commission for Women v. State of Delhi & Anr. (2010) 12 SCC 599 and Amanuallah & Anr. v. State of Bihar & Ors. (2016) 6 SCC 699. It also referred to P.S.R. Sadhanantham v. Arunachalam & Anr. (1980) 3 SCC 141, where a five-judge Bench ruled that the Court should liberally allow bona fide third-party appeals to advance justice.


The decision came in response to Kerala MLA Antony Raju's challenge to the locus standi of Green Kerala News editor M.R. Ajayan, who filed an SLP against the High Court’s quashing of criminal proceedings against Raju. The allegations involved tampering with evidence in a 1990 drug case, where Raju, then a junior lawyer, was accused of substituting tinkered evidence obtained from judicial custody.


The Supreme Court rejected Raju's objection, stating that Ajayan’s locus standi was immaterial in cases involving serious allegations of interference with judicial processes. The Court emphasized the importance of addressing public interest and ensuring accountability in such matters, noting that the alleged actions compromised the integrity of judicial proceedings and public trust in the justice system.


The Court observed that public interest was evident in this case, given the gravity of the allegations. It concluded that ensuring the correctness of the High Court’s approach was paramount, irrespective of Ajayan’s status as a third party.


Case Title:

M.R. Ajayan v. State of Kerala & Ors., SLP(Crl) No. 4887/2024

Citation:

2024 LiveLaw (SC) 905




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