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CURATIVE PETITION

 After a review petition is dismissed or used one can ask the court to review and revise the decision given by them. This is called a curative petition. The courts have been very vigilant in the use of such a petition.


 curative petition

A curative petition shall be filed after the dismissal of the review plea against the final conviction. It is meant to secure that there is no gross miscarriage of justice, and to prevent the abuse of process. A curative petition is habitually decided by the judges in chamber unless there is an explicit request for an open-court hearing is permitted. A curative petition is the last and the final constitutional resort available for any redressal of grievances in court after a review petition has been exhausted and dismissed.

Every curative petition is intended based on the principles laid down by the Supreme Court in the landmark case of Rupa Ashok Hurra Vs Ashok Hurra and anothers, (2002). In this case the issue was of a matrimonial discord where the question of legality of a decree of divorce reached the Supreme Court even after the woman revoked the consent that she had given to divorce by mutual consent.

The Court held that technical complexities and apprehensions over the reopening of such cases had to give way to a final platform for removing the grave mistakes in a judgment where administration of justice may be affected.

The court ruled that a curative petition can be entertained if the petitioner does not fail to establish there was an infringement of the principles of natural justice, and that he was not heard by the court before passing judgement. It will also be acknowledged where a judge failed to disclose facts that raise the apprehension of bias.

The Supreme Court passed a ruling that curative petitions must be rare rather than regular and be entertained with judiciousness. A curative petition must be accompanied by certification of a senior most judge, pointing out substantial grounds for entertaining it. It 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 the majority of the judges decide that the matter needs hearing and should it be listed before the same Bench.

The main objectives of Curative Petition are – 

  • It is to avoid gross miscarriage of justice. 

  • And to prevent the abuse of the judicial process.

  • Origin:

    • The concept of the curative petition was first evolved by the Supreme Court of India in Rupa Ashok Hurra vs. Ashok Hurra and another case (2002) on the question whether an aggrieved person is entitled to any relief against the final judgement/order of the Supreme Court, even after the dismissal of a review petition.


  • Constitutional Background:

    • The concept of the curative petition is supported by Article 137 of the Indian Constitution. It provides that in the matter of laws and rules made under Article 145, the Supreme Court has the power to review any judgement pronounced (or order made) by it. Such a petition needs to be filed within 30 days from the date of judgement or order.

curative petition

By- SHAMBHAVI

VIP-AUTHOR
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