Curative Petition

About Curative Petition: 

• It is the final and last option for the people to acquire justice as mentioned and promised by the Constitution of India.
• It is a way to ask the court to review and revise their own decision, and it is filed after a review petition is dismissed or used.
• Objective: It is meant to ensure there is no miscarriage of justice and to prevent abuse of process.
• Background
  • The concept of curative petition originated from the case of Rupa Ashok Hurra Vs. Ashok Hurra and another case (2002) where the following question arose before the court of law: ‘whether an aggrieved person is entitled to any relief against the final judgment/order of the Supreme Court, after the dismissal of a review petition?’.
  • In this case, a five-judge constitution bench of the Supreme Court unanimously held that in order to rectify gross miscarriage of justice, the court will allow the curative petition filed by the victim.
• Constitutional Background
  • The Article 137 of the Indian Constitution broadly supports the idea of a curative petition.
  • It states that the “Supreme Court has the power to review any judgment pronounced (or order made) by it if the matter concerns the laws and rules made under Article 145″.
• These petitions can be entertained if the petitioner establishes there was a violation of the principles of natural justice, and that he was not heard by the court before passing an order.
• It will also be admitted where a judge failed to disclose facts that raise the apprehension of bias.
• Hearing of Curative petitions
  • A curative petition must first be circulated to a bench of the three senior-most judges and the judges who passed the concerned judgment, if available.
  • Only when a majority of the judges conclude that the matter needs hearing should it be listed, as far as possible, before the same bench.
  • A curative petition is usually decided by judges in chamber, unless a specific request for an open-court hearing is allowed.
  • It shall be open to the Bench at any stage of consideration of the curative petition to ask a senior counsel to assist it as amicus curiae.
  • In the event of the bench holding at any stage that the petition is without any merit and vexatious, it may impose exemplary costs on the petitioner.

Q1) What is a writ?

It is a formal, legal document that orders a person or entity to perform or to cease performing a specific action or deed.

Source: Allowing curative plea, how Supreme Court pushes the envelope

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