Review petition

Why in news?

• Supreme Court has rejected the review petition filed by Bishop Franco Mulakkal in connection with the nun rape case.

About review petition:

• A judgment of the Supreme Court becomes the law of the land, according to the Constitution and in general is considered final.
• However, the Constitution itself gives, under Article 137, the Supreme Court the power to review any of its judgments or orders.
• This departure from the Supreme Court’s final authority is entertained under specific, narrow grounds.
• So, when a review takes place, the law is that it is allowed not to take fresh stock of the case but to correct grave errors that have resulted in the miscarriage of justice.

Who can file a review petition?

• It is not necessary that only parties to a case can seek a review of the judgment on it. As per the Civil Procedure Code and the Supreme Court Rules, any person aggrieved by a ruling can seek a review.

What is the procedure of a review petition?

• As per 1996 rules framed by the Supreme Court, a review petition must be filed within 30 days of the date of judgment or order.
• While a judgment is the final decision in a case, an order is an interim ruling that is subject to its final verdict.
• In certain circumstances, the court can condone a delay in filing the review petition if the petitioner can establish strong reasons that justify the delay.

PRELIMS QUESTION

Consider the following statements regarding Supreme court: 
1.The Writ jurisdiction of supreme court extends to Fundamental rights as wells as legal rights.
2.Constitution grants supreme court  power to grant special leave, to appeal against any judgment or order passed by any Court/tribunal in India.
Which of the statements given above is/are correct?
(a)1 only
(b)2 only
(c)Both 1 and 2
(d)Neither 1 nor 2

Answer to prelims question