THE CURATIVE PETITION

Evolved from the landmark case of ASHOK HURRA CASE to the appropriate usability of NIRBHAYA CASE. This curative petition has rendered and proved that now judiciary will not leave no stone unturned to give correct and proper and unbiased justice to the petitioner.

The word “curative petition” means the petition filed by the petitioner to cure the erroneous decision passed by the supreme court even after the review petition filed under article 137 has been rejected by the court.

This petition is filed to prevent the abuse of the process of judgement and to cure the gross miscarriage of justice.

PROCESS OF THE CURATIVE PETITION

Supreme court shall have the inherent and plenary jurisdiction to hear such petitions. Order XLVIII of the supreme court rules, 1966, states that after the dismissal of case in the review petition under article 137, of the constitution , which entails the power of SC to review its own judgements and orders, by the way of circulation a curative petition can be filed under the inherent jurisdiction of the Apex court to cure frequent abuse of its process and cure gross miscarriage of justice, as per the law laid down in the ASHOK HURRA CASE, it can either be civil or criminal petition. Such a petition will be circulated to the three judges and judges who has passed the impugned judgement. THE COURT can also reject the petition if found the plea lacks merit, but if petition deems to be just and proper it may be listed the same for hearing before the same benches.

The affidavit which may accompany the curative petition shall clearly mention that the petition is governed by the judgement in the Ashok Hurra case, it shall not contain any new grounds except the grounds that had been mentioned in the review petition and was dismissed on circulation. It shall accompany with the certificate of senior Advocate that the petition meets the requirements delineated in the case mentioned, certified or authenticated copy of the judgement or order complained of, and a certificate of the advocate -on -record to the effect that it is the first curative petition in the impugned matter.

There is no limitation act applicable on the filing of this petition and the fee will be levied same as levied in the original proceedings.

In curative petition is filed by keeping in mind that there lies no intra court appeal and the well settled principle that an act of the court shall prejudice no one (actus curia neminem gravabit) the concept of curative petition came in to maintenance considering that it would be an extremely strong discretionary power and could be exercised in the rare cases.

While filling the curative petition and deciding it on the grounds of manifest illegality and palpable injustice in the rare cases factors like the doctrine of stare decisis and the finality and certainty of the law declared by the Apex court are required to be kept in mind.

ADVANTAGES OF CURATIVE PETITION

1.Prevention against the biasness, it is an effective tool against possible biasness of the judicial system and judges.

2. It provides a way to be hear if unheard and not given fair chances of representations in court.

3. it prevents any fallacy that would arise in the procedure followed or pronouncing the verdict.

DISADVANTAGES

1. It makes the judicial process lengthy and cumbersome as it is additional stage in many cases.

2. It goes against the powers of the supreme court which is an esteemed institution and questions its credibility.

3. An very important case law is also there, petition of Yakub Menon’s serial blast case as he filed the curative petition after his hanged till death judgement on dismissal of review petition. But the SC dismissed his curative petition too claiming that no rights were adversely affected and there was no biasness in giving the decision.

CONCLUSION
This can be said that curative petition is the last resort for the petition for judicial relief , it is purely based on judicial discretion. This was formulated in keeping in mind of the unintentional human errors can be made by the judges too and to render the correct the judgement SC proved that it will not leave any stone unturned.

Author Bio

Qualification: Student - CA/CS/CMA
Company: Abc
Location: Delhi, New Delhi, IN
Member Since: 04 Oct 2020 | Total Posts: 1

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