Curative Petition

WHY IN NEWS?

Curative petitions were filed in the Supreme Court by two convicts in the Nirbhaya case just days after a Delhi sessions court scheduled the execution of the four convicts at Tihar Jail.

ABOUT CURATIVE PETITION

• The concept of Curative petition was evolved by the Supreme Court of India in the matter of Rupa Ashok Hurra vs. Ashok Hurra and Anr. (2002) where the question was whether an aggrieved person is entitled to any relief against the final judgement/order of the Supreme Court, after dismissal of a review petition.
• The Supreme Court in the said case held that in order to prevent abuse of its process and to cure gross miscarriage of justice, it may reconsider its judgements in exercise of its inherent powers.
• For this purpose, the court has devised what has been termed as a "curative" petition.
• Procedure
  • In the Curative petition, the petitioner is required to aver specifically that the grounds mentioned therein had been taken in the review petition filed earlier and that it was dismissed by circulation.
  • This has to be certified by a senior advocate.
  • The Curative petition is then circulated to the three senior most judges and the judges who delivered the impugned judgement, if available.
  • If the majority of the judges on the above bench agree that the matter needs hearing, then it would be sent to the same bench (as far as possible).
  • The court could impose "exemplary costs" to the petitioner if his plea lacks merit.
  • No time limit is given for filing Curative petition.
  • It is guaranteed under Article 137 of Constitution of India i.e. powers of the Supreme Court to review of its own judgements and orders.

Prelims Question

Q. With reference to curative petition, which of the following statements is/are correct?
1. Curative petition can be considered as the last resort for people to acquire justice as mentioned and promised by the Constitution
2. It has been evolved by the Supreme Court as an extension of article 137 of the Indian Constitution
Select the correct answer using the code given below:
a. 1 only
b. 2 only
c. Both 1 and 2
d. Neither 1 nor 2

Answer to the Prelims Question