Curative Petition

A Curative Petition is an important legal concept evolved by India's Supreme Court - which empowers the aggrieved to pray before the Court of Law to review a petition or a judgment that the Supreme Court has already passed. However, the court shall accept the petition to review only in case of any significant omission or if a patent mistake has been committed by judicial fallibility, and generally, no open-court hearing is allowed in the case of a Curative Petition.

Curative Petition - Overview

The concept of a Curative Petition evolved during the hearing of Rupa Ashok Hurra vs. Ashok Hurra and Anr. case in 2002, whereby the apex court presented the same to prevent any sort of abuse to its process and to cure any grievous miscarriage of justice while establishing its inherent power. Later it was guaranteed under Article 137 of the Indian Constitution, enabling the Supreme Court to review its own orders and judgments.

While review petition and Curative Petition look similar on a single survey, review petition has always been a part of the Constitution of India. Meanwhile, a Curative Petition emerged as a judicial innovation in relation to the interpretation of the review petition and was later inscribed in Article 137 of the Indian Constitution.

Conditions Laid Down for Curative Petition

A Curative Petition can be filed against the judgment passed by the Supreme Court only on the fulfilment of specific conditions -

• The case must be a "rare than regular" one.
• The petitioner must establish the fact that there was a veritable violation of justice and that the biased judgment has adversely affected the said petitioner.
• The Curative Petition must clearly notify that the petitioner had resorted to a review petition, which was dismissed by circulation.
• The petition must be certified by a senior lawyer accepting the fulfilment of the aforementioned criteria.
• Thereafter, the petition must be sent to the three seniormost judges of the Supreme Court alongside the judges of the Bench that passed the earlier judgment affecting the petition.
• If the majority of the judges of the aforementioned Bench agree to re-hear the matter, it is sent to the same Bench.
• The Bench holds the power to consider at any stage the assistance of a senior counsel as "amicus curiae" (friend of the court).
• "Exemplary costs" are generally imposed on petitioners if the plea lacks merit.

It must be noted here that any petitioner looking forward to filing a Curative Petition should do so within 30 days of filing a review petition. The term "Curative Petition" came under public vicinity when the convicts of the Nirbhaya murder case filed the same after their review petition and mercy petition were dismissed by the apex court.

FAQs on Curative Petition

Q.1. What is a Curative Petition?

A Curative Petition is an important and innovative legal concept evolved by India's Supreme Court, which empowers the aggrieved to pray before the Court of Law to review a petition or a judgment that the Supreme Court has already passed.

Q.2. What is the difference between a Curative Petition and a review petition?

While review petition and Curative Petition look similar, a review petition has always been a part of the Constitution of India. On the other hand, a Curative Petition emerged as a judicial innovation in relation to the interpretation of the review petition. It was later inscribed in Article 137 of the Indian Constitution.

Q.3. What happens when a Curative Petition plea lacks merit?

In case a Curative Petition lacks merit, an "exemplary cost" may be imposed on the petitioner.

Q.4. When did the Supreme Court evolve the concept of Curative Petition?

The concept of a Curative Petition evolved during the hearing of Rupa Ashok Hurra vs. Ashok Hurra and Anr. case in 2002, whereby the apex court presented the same to prevent any sort of abuse to its process and to cure any grievous miscarriage of justice while establishing its inherent power.