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The Curative petition is a legal remedy available to review the final judgement of court after all other remedies have been exhausted. It is filed after the dismissal of review petition. Review petition is the remedy available to seek review of the final judgement of the court. Curative petition originated in the 2002 case of Rupa Ashok Hurra v. Ashok Hurra & Anr. The curative petition is heard by a bench comprising the three senior-most judges of the Supreme Court, along with the judges who delivered the original judgment. It is filed in exceptional circumstances when there is clear evidence of violation of Principle of Natural justice and apprehension of judge’s bias during the final judgement. The court can dismiss the petition anytime during the hearing if the petition is without the merits. After 2002, the curative petition have been filed in many cases like Union Carbide case, Nirbhaya Gang Rape case, Rajeev Gandhi murder case etc. Hence, curative petition is an important tool to uphold the principles of justice, and ensure that the law is applied fairly and equitably.
It is the last legal remedy available to review the injustices made in the final judgement of court after all other remedies have been exhausted.
Curative petition can be filed after the dismissal of review petition when there is violation of the Principles of Natural Justice and there is apprehension of judge’s bias while passing the judgement. It is filed in the rare cases.
It is the legal remedy available to seek a review of the Supreme Court's judgment based on specific grounds, such as errors of law or fact, misinterpretation of evidence, or discovery of new and relevant material.
It is heard by a bench comprising the three senior-most judges of the Supreme Court, along with the judges who delivered the original judgment.
The origin of curative petition can be traced back to the landmark judgment in Rupa Ashok Hurra v. Ashok Hurra & Anr. (2002). In this judgement, Supreme Court established the framework of Curative petition as a final legal remedy to entitle the aggrieved to a relief against the court’s final judgement after the dismissal of review petition. The Supreme Court held that in certain exceptional circumstances where a judgment of the court appears to suffer from a gross miscarriage of justice, a curative petition may be filed to address the injustice. Since then, the tool of curative petition has been used various times. The curative petition ensures the Right to justice and fair trial enshrined in the constitution.
Curative petition is the final legal remedy available against the final judgements of the apex court. It is a procedural tool to prevent miscarriage of justice by the Courts. It is available to aggrieved person against the perceived injustices or errors in judgments pronounced by the Supreme Court. It is considered as the last resort for seeking judicial review of a judgement after all other remedies have been exhausted.
Grounds for Filing a Curative Petition: A petition can be filed if the principles of natural justice are violated. This includes if there are allegations of bias against the judges who heard the matter or if there has been an abuse of the process of law. These are very limited grounds and if they are not met then a curative petition is rejected. It is considered that since multiple appeals and even the opportunity of review has been satisfied, the litigant should only approach the court in utmost cases of urgency. That is why the grounds for curative petition are very restricted.
While the Indian Constitution does not specifically mention curative petitions, several constitutional provisions and principles provide the authority to the Supreme Court to allow such petitions.
How is it different from Review petition
Review petition | Curative petition | |
---|---|---|
Objective | To seek a review of the Supreme Court's judgment based on specific grounds, such as errors of law or fact, misinterpretation of evidence, or discovery of new and relevant material. | To correct errors or address fundamental injustices in the Supreme Court's judgment, typically after all other remedies have been exhausted. |
Scope | Broad scope, allowing for review based on various grounds | Narrow scope, limited to addressing intrinsic flaws in the judgment itself, such as violation of principles of natural justice |
Judgement | Heard by the same bench that delivered the original judgment. | Heard by a bench comprising the three senior-most judges of the Supreme Court, along with the judges who delivered the original judgment. |
A curative petition is a vital remedy available against miscarriages of justice. It is based on the principle that ‘while certainty of law is important, it cannot be at the cost of justice’. It provides an opportunity to correct egregious errors, uphold the principles of justice, and ensure that the law is applied fairly and equitably. However, it is essential to note that the threshold for admission of a curative petition is exceptionally high and is used in rare situations. This unique legal remedy allows individuals or entities to seek relief even after exhausting all other avenues of appeal.
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