All About Curative Petition

Last Updated On: Oct. 9, 2020, 9:44 p.m.
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THE CURATIVE PETITION

The Curative Petition evolved from the landmark case of ASHOK HURRA CASE to the appropriate usability of NIRBHAYA CASE. This petition has rendered and proved that now judiciary will not leave any stone unturned to give correct and proper and unbiased justice to the petitioner in that particular case.

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.

The Curative 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 existing and absolute jurisdiction to hear such petitions. Order XLVIII of the supreme court rules, 1966, states that after the dismissal of the case in the review petition under article 137, of the Indian 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 existing 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 a civil or criminal petition. Such a petition will be circulated to the three judges and judges who have passed the honest 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 should not contain any new grounds except the grounds that had been mentioned in the review petition and was dismissed on circulation. It should be accompanied with the certificate of senior Advocates 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.

The Curative Petition has no limitation act applicable on the filing of the petition and the fee will be same as in the original proceedings.

The concept of the curative petition came into 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 feel injustice in the factors of the rare case 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. The curative petition prevents the biasness.

 2. It is also an effective tool against possible biasness of the judicial system and judges.

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

4. It prevents any mistake that would arise in the procedure followed or pronouncing in the verdict.

 

DISADVANTAGES:

1. The curative petition makes the judicial process lengthy.

2. It also cumbersome as it is an additional stage in many cases.

3.. It goes against the powers of the Supreme Court which is an esteemed institution and questions its credibility.

 

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 and it 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.

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