Curative Petition - UPSC Notes for Polity!

A curative petition is a petition that appeals to the court to reconsider its own judgment even after a review petition is denied. This issue received attention when two of the defendants in the Nirbhaya Case submitted the curative petition in opposition to the Supreme Court’s ruling after the mercy and review petitions were denied. 

In this article, we shall discuss in detail the significance of the relevance of the Curative Petition for the UPSC IAS exam.

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What is a Curative Petition?

A curative petition is a petition that is filed to the Supreme Court of India seeking to review and reconsider its final judgment or order. It is the last resort available to a party who has exhausted all other avenues of appeal, including a review petition.

Historical Background of Curative Petition

• The first recorded occurrence of a curative petition was in the 2002 wedding conflict case Rupa Ashok Hurra vs. Ashok Hurra.
• In this instance of marital discord, the Supreme Court was asked to rule on the legality of a divorce order after the woman withdrew her assent to a divorce by mutual consent.
• According to the ruling, technical issues and concerns about reopening cases had to make way for a final venue for correcting flaws in a decision when the administration of justice would be harmed.
• A question emerged in this case regarding the aggrieved party’s right to seek any remedies against the Supreme Court’s concluding ruling following the dismissal of the review petition.
• Additionally, the Supreme Court, in this case, stated that it must employ its inherent authority to reexamine its decisions in order to prevent and correct a miscarriage of justice.

Study in detail about the Original Jurisdiction of the Supreme Court here!

Constitutional Provisions related to Curative Petition

The concept of the petition is guaranteed under Article 137 of the Indian Constitution.

• Article 145 of the Indian Constitution governs the making of laws and rules.
• It means that the Supreme Court has the authority to review every judgment that is made by it.

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Procedure to File a Curative Petition

The Supreme Court has laid down certain procedures to file it. The Procedure is listed below:

Hearing of Curative Petition

Curative petitions are heard by the top three judges, including the Chief Justice of India, plus the judges who dismissed the review petition.

Conditions

The Supreme Court has established the following conditions to consider curative petitions:

• A curative petition may be filed after a review plea against the final conviction is dismissed.
• After a review plea against the final conviction is rejected, a curative petition may be submitted.
• If the petitioner can show that the rules of natural justice were broken and that the court failed to hear him before making a decision, the case may be considered.
• It must be unusual rather than common.
• A curative petition must first be distributed to a Bench of the three senior-most judges plus, if available, the judges who rendered the relevant ruling.
• The subject shouldn’t be scheduled before the same Bench unless it requires a hearing in the opinion of the majority of the judges.
• The Bench may, at any time during its examination of the curative petition, request the services of a senior lawyer to serve as an amicus curiae. (Friend of the court).
• It is usually decided by judges in the chamber unless a typical request for an open-court hearing is permitted.

Grounds for Rejection of Curative Petition

In the event of the Bench holding at any stage that the petition is without any merit, it may impose a penalty on the petitioner.

Check out the article on Judicial Review here!

Important Judgments on Curative Petition

Rupa Ashok Hurra v. Ashok Hurra, 2002

In this case, the Hon’ble Justice Syed Shah Mohammed Quadri of the Supreme Court conducted numerous investigations to determine whether an oppressed person was eligible for assistance in challenging a previous court decision following the rejection of an audit request, whether in accordance with article 32 of the Constitution or another provision.

Naresh Shridhar Mirajkar v. State of Maharashtra, 1966

In this case, a verbal petition made to the High Court of Bombay has been put to the test by a writ filed in the Supreme Court of India. It was suggested that the Supreme Court and other adjudicators may receive writs from the High Courts, which may also issue writs to this court, another High Court, appointed authorities, or seats in the Court.

Study in detail about the Jurisdiction of the supreme court here!

Difference between Curative Petition And Review Petition

Study in detail about the Pardoning Power of the President here!

Conclusion

• In the Indian legal system, a curative petition is a novel idea and judicial innovation. It is regarded as the very last and only option.
• However, if discussing the context of justice, such as in the Nirbhaya case, it offers a setback for the judges to deliver the verdict promptly.
• Inconsistencies abound in our judicial system. It provides a means for a criminal to avoid punishment.
• The hearing request is regarded as unusual rather than typical.
• If the lawyer asserts that there was a violation of common equity norms and that the client was not given a chance to be heard by the court before making a request, it frequently helps those clients.

Study in detail about the Judiciary of India here!

UPSC Mains Practice Question

What is a Curative Petition? Examine its relevance in light of the Supreme Court judgements.

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