Article 136 of the Indian Constitution reads as follows:
136.Special leave to appeal by the Supreme Court.—(1) Notwithstanding anything in this Chapter, the Supreme 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 principle governing the exercise of power by the Supreme Court under article 136 has been summed up by the Court itself in Ganga Kumar v. State of Bihar, AIR 2005 SC 3123: (2005) 6 SCC 211: JT 2005 (6) SC 356 as follows:
(i) The powers of the Supreme Court under article 136 of the Constitution are very wide but in criminal appeals the Supreme Court does not interfere with the concurrent findings of the fact save in exceptional circumstances.
(ii) It is open to the Supreme Court to interfere with the findings of fact given by the High Court if the High Court has acted perversely or otherwise improperly.
(iii) It is open to the Supreme Court to invoke the power under article 136 only in very exceptional circumstances as and when a question of law of general public importance arises or a decision shocks the conscience of the Court.
(iv) When the evidence adduced by the prosecution falls short of the test of reliability and acceptability and as such it is highly unsafe to act upon it.
(v) The appreciation of evidence and finding is vitiated by any error of law of procedure or found contrary to the principles of natural justice, errors of record and misreading of the evidence, or where the conclusions of the High Court are manifestly perverse and unsupportable from the evidence on record.
Therefore, your case is a fit case for filing a SLP in supreme court as material concealment of facts amounts to fraud being played on the court and such matters are not taken lightly by Higher Court. Material fact would mean material for the purpose of determination of the lis, the logical corollary whereof would be that whether the same was material for grant or denial of the relief, which in the present case is a material fact and caused grave miscarriage of justice to you, therefore, going to Supreme Court will be beneficial for your interests.
Feel free to call.