Curative Petition
In the matter of Rupa Ashok Hurra v Ashok Hurra [2002 (4) SCC 388], the Five -Judge led Constitution Bench recognised ‘Curative Petitions’ as a final remedy to reconsider dismissed review petitions.
The Supreme Court held that they could entertain a curative petition under the following grounds:
1) violation of principles of natural justice,
2) question of bias against the presiding judge,
3) abuse of the process of the court.
The curative jurisdiction conferred upon the Supreme Court by Article 142 of the Constitution of India empowers the Supreme Court to pass such decree or make such order as is necessary for discharging complete and substantial justice which comes as an extraordinary as well as last legal recourse to the litigants. The Supreme Court only exercises its curative jurisdiction in extraordinary cases where, prima facie, there are any glaring violations of principle of natural justice in any of its judgments.
A curative petition before the Supreme Court is the last legal recourse which allows a petitioner to request a review for a final judgment passed by the Supreme Court. Curative petition is a final chance to seek justice after a review petition is dismissed by the supreme court. It needs to be filed within a reasonable time after the judgment and it needs a senior advocate certify the statement that the review petition was dismissed by circulation.
After dismissal of a case in exercise of review jurisdiction under Article 137 of the Constitution, by way of circulation, a curative petition can be filed under the inherent jurisdiction of the Court to prevent abuse of its process and cure gross miscarriage of justice, as per the law laid down in the case of Rupa Ashok Hurra vs. Ashok Hurra and Anr [2002 (4) SCC 388].
The purpose of filing curative petition is to prevent the abuse of the court's process, correct gross miscarriages of justice and to uphold the principles of avoiding the miscarriage of justice and preventing the abuse of process. The concept of a curative petition was established in the 2002 case of Rupa Ashok Hurra vs. Ashok Hurra and Anr. [2002 (4) SCC 388].
It is filed under Order XLVIII of the Supreme Court Rules. The curative petition is first circulated to, and heard by, a Bench of the three senior-most Judges and the Judges, who passed the judgment or order complained of, if available. Unless otherwise ordered by the Court, a curative petition is disposed of by circulation, without any oral arguments.
If the Bench before which the petition was circulated concludes, by a majority, that the matter needs hearing, then it is listed before the same Bench, as far as possible.
The curative petition must contain specifically that no new grounds have been taken and the grounds mentioned in the petition had been taken in the application for review, which was dismissed by circulation.
Supreme court lawyer for curative petition in Delhi.
