CURATIVE PETITION

There is no word like – curative petition in any  legislative law books.

We all know Supreme Court is apex court of the country so what to do if you are not happy with order of Supreme Court of India  .   This question was answered by Supreme Court  by giving the term Curative petition . It was coined in the case of Rupa Ashok Hurra vs. Ashok Hurra and Anr.  There was a question on which whether the aggrieved person is entitled to have relief against the final judgement or order of the Supreme Court after the dismissal of the review petition.

The Supreme Court had held that the order is mainly used to prevent the misuse of its process and to cure gross failure of justice. It is necessary to reconsider the judgments in terms of the inherent powers. In this purpose, the Court has given the term as a “curative” petition.

For a Curative petition, the petitioner is needed to specify the grounds mentioned which is taken in the review petition filed earlier and it must be dismissed by circulation. It will be certified by a senior advocate. The Curative petition is distributed over three senior most judges and to the judges who had given the impugned judgement. There will be no time limit for filing the Curative petition.

To get the curative petitions, the court has laid down different specific conditions. There is a need of requirements for accepting the curative petitions. Some of the requirements are:

The petitioner needs to develop a genuine violation of principles of natural justice and judgement that adversely affected him.

1. The petition must be contained with the grounds mentioned which had taken in the review petition and will be dismissed during circulation.
2. The curative petition must constitute a certification by the senior lawyer for fulfilling the requirements.
3. The petition will be sent to the three senior most judges and judges who passed the judgement affecting the petition.

Judiciary tried to ensure justice for all , it take at most caution to give fair chance to the aggrieved parties to  redeem . We must appreciate , even Supreme Court think there is a possibility of error in considering legal provisions in a particular case and that way it goes out of the codified law and provide opportunity to aggrieved party by way of Curative petition .

Judicial system thrives to ensure justice for all , it is based on principle – no innocent shall be punished .

Irony is , the appeal provisions which are made to ensure justice by eliminating error of law committed by the lower court is causing delay in disposal of cases .

. As we all know justice delayed is justice denied .  Judicial system alone can’t be held responsible for pending cases and delay in disposal of cases . It is duty of advocates and Litigants not to misuse the due process of law to delay case.

Adv. Uma Wagle