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Curative Petition - Final & last challenge to judicial decision

This article talks about curative petition in Indian judicial system. It discusses origin of curative petition, conditions & timing of its application, relevant constitutional article and other associated features of curative petition.


Introduction

Origin of Curative Petition

Who can file Curative Petition?

When can Curative Petition be filed?

Conditions for filing Curative Petition

Constitutional Basis




Introduction

Curative petition is a judicial tool invented by judiciary to avoid judicial errors. The idea behind this judicial invention is to save an innocent person from punishment. This is final and last call by petitioner to seek justice. After dismissal of curative petition, there is no other way left for accused.
Curative-Petition

Origin of Curative Petition

The term curative petition has word "Cure" in its roots. "Cure" means treatment. Thus, curative petition is an appeal to judiciary to rectify a judgement so that the petitioner seeks the justice.




The cause of creation of curative petition lies in a Latin maxim. The maxim is "actus curiae neminem grevabit". It means that an act of course shall prejudice no one. This maxim is applicable when court is under obligation to undo wrong done to a party by act of court itself. This principle led to creation of concept of curative petition. The reason for its creation is to prevent abuse of process of law and to cure lapses in existing system of justice.

In India, the concept of curative petition originated in 2002 during hearing of case "Rupa Ashok Hurra versus Ashok Hurra". It was a case of divorce in which question asked was "What is the way of relief if review petition is dismissed?" Above question led to origin of curative petition. Supreme Court created this tool to reconsider cases decided by itself.


Who can file Curative Petition?

Any person who is accused and punished for death penalty by Supreme Court has two options. The accused can apply for mercy petition and review petition.  Mercy petition is applied to President of India while review petition is applied to Supreme Court itself. If both these petitions are rejected, the last way left for relief is curative petition. Curative petition is also applied to Supreme Court but it is different from review petition. Curative petition is an effort to mark technical aspects of verdict so that attention of judiciary can be drawn to those points. Thus, curative petition is a narrow provision to seek relief.


When can Curative Petition be filed?

Unlike review petition, a curative petition has no time limit. It can be applied any time. However, it is emphasised that curative petition should be applied in reasonable time.


Conditions for filing Curative Petition


  1. Curative petition is applicable only in rarest of rare cases. It is not a kind of regular petition.
  2. It is approved only for extraordinary circumstances where contending party has to prove that there is a gross violation of principles of natural justice. It is mandatory for petitioner to tell the basis of challenge.
  3. The petition has to be certified by a senior advocate.
  4. It is mandatory to send curative petition to three senior most judges of Supreme Court and those judges who gave verdict against which this petition is filed. If judges agree by majority, then case is sent to same judges.
  5. Supreme Court assures that curative petition should be decided very carefully.
  6. Petitioner should be able to prove that the justice was not met in his/her case or he/she was not heard while delivery of justice or if judges were unable to reveal facts.
  7. Hearing on curative petition is done in chamber but if petitioner demands for hearing in open court, court can do so.
  8. At the decision of curative petition, there is no other way of appeal. In other words, curative petition is the last legal remedy.


Constitutional Basis

The constitutional basis of curative petition is stored in article 137 of Indian constitution. Article 137 says that Supreme Court has right to give permission for appeal against its own judgement.


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