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Curative Petition

The Supreme Court of India developed the concept of a Curative Petition in 2002 to address gross miscarriages of justice after a review petition has been dismissed. A Curative Petition allows the Supreme Court to reconsider its own judgments using its inherent powers. It must specifically reference grounds mentioned in the dismissed review petition. It also requires certification by a senior advocate and is circulated to the three senior-most judges, including those who delivered the original judgment if available. The court has established strict requirements for entertaining Curative Petitions, including demonstrating a violation of natural justice or judicial bias that affected the petitioner.

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44 views1 page

Curative Petition

The Supreme Court of India developed the concept of a Curative Petition in 2002 to address gross miscarriages of justice after a review petition has been dismissed. A Curative Petition allows the Supreme Court to reconsider its own judgments using its inherent powers. It must specifically reference grounds mentioned in the dismissed review petition. It also requires certification by a senior advocate and is circulated to the three senior-most judges, including those who delivered the original judgment if available. The court has established strict requirements for entertaining Curative Petitions, including demonstrating a violation of natural justice or judicial bias that affected the petitioner.

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Rajeevan I V
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© © All Rights Reserved
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Curative petition

From Wikipedia, the free encyclopedia


The concept of Curative petition was evolved by the Supreme Court of India in the matter
of Rupa Ashok Hurra vs. Ashok Hurra and Anr. (2002) where the question was whether an
aggrieved person is entitled to any relief against the final judgement/order of the Supreme Court,
after dismissal of a review petition.[1] The Supreme Court in the said case held that in order to
prevent abuse of its process and to cure gross miscarriage of justice, it may reconsider its
judgements in exercise of its inherent powers.[2] For this purpose the Court has devised what has
been termed as a "curative" petition. In the Curative petition, the petitioner is required to aver
specifically that the grounds mentioned therein had been taken in the review petition filed earlier
and that it was dismissed by circulation. This has to be certified by a senior advocate. The
Curative petition is then circulated to the three senior most judges and the judges who delivered
the impugned judgement, if available. No time limit is given for filing Curative petition.[3]

Requirements[edit]
To entertain the curative petitions, the court has laid down certain specific conditions. Its laid
down in order The requirements which are needed in order to accept the curative petitions are:

1. 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 judgement that adversely affected
him.
2. The petition shall state specifically that the grounds mentioned had been taken in
the review petition and that it was dismissed by circulation.
3. The curative petition must accompany certification by a senior lawyer relating to the
fulfillment of the above requirements.
4. The petition is to be sent to the three senior most judges and judges of the bench who
passed the judgement affecting the petition, if available.
5. If the majority of the judges on the above bench agree that the matter needs hearing,
then it would be sent to the same bench (as far as possible).
6. The court could impose “exemplary costs” to the petitioner if his plea lacks merit.

See also

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