Polity

Curative petition

14 Oct 2023 3 mins Download PDF

What is Curative petition

It acts the last resort for a petitioner for protection from the compensation of injustice in the court after the review petition is dismissed or has been exhausted.
It is a judicial innovation by the Supreme Court of India in Rupa Ashok Hurra vs. Ashok Hurra and Anr. (2002) case.
Such petitions are considered to cure gross miscarriage of justice in the cases.
No time limit is given for filing curative petition.
Article 137 of Constitution of India guarantees Curative petition as it confers the power to the Supreme Court to review of its own judgements and orders.
review petition and curative petition differs in the aspect that the former is inherently provided in the constitution whereas, the emergence latter is in relation with the interpretation of the review petition by the Supreme Court which is enshrined in article 137.

Requirements of Curative Petition

Here are the key requirements for filing a curative petition in India:

Timing - A curative petition must be filed within a reasonable time after the final judgement or order of the Supreme Court. Usually within 4-6 weeks.
Scope - It can only challenge the judgement or order on very limited grounds like violation of principles of natural justice or lack of jurisdiction. Cannot reargue on merits.
Prior Petitions - The petitioner must have already exhausted other judicial remedies like review petition and writ petition before approaching with a curative plea.
Certification - A senior advocate must certify that the matter deserves to be re-examined on permitted grounds.
Deposit - A deposit of Rs 50,000 must accompany the curative petition as court fees.
Hearing - The petition is usually circulated in-chambers between judges who delivered the impugned judgement and other bench judges. Rarely heard openly.
Threshold - The petition must clearly establish substantial injustice and violation of natural justice principles to be considered. Not readily entertained.
Orders - If accepted, the court can issue any order to rectify the fundamental injustice. But dismissal is usually final and no appeal is permitted.

So in summary, curative petitions have a high threshold and are entertained only in exceptional cases after all other remedies are exhausted. The requirements ensure they are not misused frequently.