What is a Curative Petition?

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Recently, Supreme Court told the Central Government that it cannot decide its curative plea seeking an additional Rs 7,844 crore from the successor firms of Union Carbide Corporation (UCC) for giving compensation to the victims of the 1984 Bhopal gas tragedy as a lawsuit.

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


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