Curative Petition

Table of Contents☰

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.