What is a Curative Petition?

Why in News?: 

• 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?'. 

 

What is a Curative Petition? 

• A curative petition, is the final and last option for the people to acquire justice as mentioned and promised by the Constitution of India.
• A curative petition may be filed after a review plea against the final conviction is dismissed.
• Objective: It is meant to ensure there is no miscarriage of justice, and to prevent abuse of process.
• Criteria for admission:
  • The court ruled that a curative petition 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.
  • The SC has held that curative petitions must be rare rather than regular, and be entertained with circumspection.
  • A curative petition must be accompanied by certification by a senior advocate, pointing out substantial grounds for entertaining it.
• Who hears Curative petitions?
  • A curative petition must be first 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

 

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Q1) What is a Special Leave Petition?

A Special Leave Petition (SLP) is a type of petition filed with the Supreme Court of India seeking permission to appeal against a decision of a lower court or tribunal.

Source: Bhopal gas tragedy: ‘Dip into your own pocket’ says Supreme Court on Centre’s curative plea