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What Do You Understand By The Term Curative Petition?

What is Curative Petition?

In the case, Rupa Ashok Hurra vs. Ashok Hurra and Anr (the year 2002), evaluation of the Indian concept of Curative Petition took place by the Supreme Court of India. The question was raised that any relief should be given to the aggrieved person against the final order and judgment of the Supreme Court, after the dismissal of a petition of review. In this case, Supreme Court of India held that to prevent the abuse of court process and to cure or remove the miscarriage of justice, the court may reconsider its final judgment and order in exercise of its inherent powers. The court for this purpose devised that what has been termed as ‘Curative Petition’. The petitioner of the case has to allege as a fact to support his or her plea that the mentioned grounds have been taken in the earlier-filed review petition and which is by the circulation it was dismissed. This thing has to be certified by a Senior Advocate. Then Curative Petition is circulated to the three senior judges and also to the judges who have given their judgment if they are available. For filing the curative petition, no time limit is given. There are certain specific conditions which are laid down by the court to entertain the curative petition in India. The meaning of curative petition highlights certain focus areas such as:

  1. The petitioner has to provide a genuine reason by which violation of natural justice can be established and fear of biases of the judge and his or her judgment has affected him adversely.
  2. In the petition, there shall be specifically mentioned grounds that it had been taken for review petition and was dismissed in the process of circulation.
  3. The Curative Petition shall be certified by the senior lawyers or an advocate related to fulfilment of the requirements.
  4. The petition is sent to three senior judges and also to the judges who have given their judgment which affected the petition, if available.
  5. If the majority of the judges agrees that matter of the case needs the hearing, then as far as possible it is sent to the same bench.
  6. An Even court can impose “emergency costs” to the petitioner if his plea does not meet the following condition and requirement.

Once, on Tuesday, Supreme Court of India dealt with eight curative petitions section 377 of IPC, 1862 to a five bench judge of the Indian Constitution.

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by Priya Singh

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