CURATIVE PETITION

Introduction
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.


Landmark Case
In Rupa Ashok Hurra v. Ashok Hurra, a five Judge constitution bench of the Supreme
Court has unanimously held that in order to rectify gross miscarriage of justice in its final
judgment which cannot be challenged again the Court will “allow” curative petition by the
victim of miscarriage of justice to seek a second review of the final order of the Court. A
five Judge Bench headed by Chief Justice S. P. Bharucha said : “we are of the view that
though judges of the highest Court do their best subject to the limitation of human
fallibility yet situations may arise, in the rarest of the rare cases, which would require
reconsideration of a final judgment to set right miscarriage of justice” Justice S. S. Quadri,
Justice S. N. Variava, Justice V. Patil and Justice D. C. Benerji agreed with the CJI S. P.
Bharucha. The Court said that it would be the legal and moral obligation of the Apex
Court to rectify error in such a decision that otherwise would have remained under the
cloud of uncertainty.


This judgment was given in a bunch of petitions on the question whether a petitioner could
question a final judgment even after the dismissal of a review petition. Justice Quadri,
writing the judgment of the court said, “we are persuaded to hold that the duty to do justice
in these rarest of rare cases shall have to prevail over the policy of certainty of judgment as
though it is essential in public 1nterest that a final judgment of the final court in the
country should not be open-to challenge”. But the court’s concern for reordering justice in a
cause was not less important than the principle of certainty of its judgment because there
could be grounds that such a decision was in violation of natural justice and that there was
an abuse of the court’s process.


Conditions of Entertaining Curative Petition
The court has laid down certain Specific conditions for the court to entertain such a
curative petition under its inherent power to prevent floodgates of unnecessary petitions
seeking their second review.
These requirements are the following :-
(1) Court reaffirms that litigants are barred on challenging final decisions.
(2) But in cases of miscarriage of justice it would be its legal and moral obligation to
rectify the error.
(3), The petitioner will have to establish that there was a genuine violation of principles of
natural justice and fear of the bias of the judge and judgment that adversely affected him.
(4) The curative petition must accompany certification by a senior lawyer relating to the
fulfilment of the requirements.
(5) The petition is to be sent to the three judges of the Bench who passed the judgment
affecting the petition.
(6) If the majority of the judges on this bench conclude that the matter needed hearing
before the same bench (as far as possible) which may pass appropriate order it should be
listed.
(7) They could also impose “exemplary costs” of the petitioner if his pleas lacked merit
Enlargement of jurisdiction of Supreme Court
Article 138(1) empowers Parliament to confer on the Supreme Court with such additional
jurisdiction and powers with respect to any of the matters mentioned in the Union List as it
thinks fit.


Under Article 138(2), the Supreme Court shall have such further jurisdiction and Powers
with respect to any matter which the Government of India and the Government of any
State confer by special agreement if the Parliament makes a law to this effect.


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

  1. It provides a way to be hear if unheard and not given fair chances of representations in
    court.
  2. it prevents any fallacy that would arise in the procedure followed or pronouncing the
    verdict.

Disadvantage of Curative Petition

  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.

Reference

1- Constitutional Law of India by J.N. Pandey

2-https://taxguru.in/corporate-law/curative-petition-process-advantages-disadvantages.html?amp

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