The Supreme Court on 19th March rejected the curative petition filed by Pawan Gupta, one of the four death-row convicts in the 2012 Nirbhaya gangrape and murder case, against the dismissal of his juvenility claim.
As per the latest death warrant issued in the case, Pawan and the three other death row convicts in the Nirbhaya gang-rape case are to be executed on 20.03.2020 morning.
A six-judge bench headed by Justice NV Ramana dismissed the plea, saying “no case is made out”.
On March 5, a trial court issued fresh black warrants for the execution of all the four convicts in the case – Mukesh Kumar Singh (32), Pawan Gupta (25), Vinay (26), and Akshay (31) – in Tihar Jail at 5.30 am on March 20.
Nirbhaya Case
Pawan Gupta, Vinay Sharma, Akshay Thakur, and Mukesh Singh are four convicts of the 2012 Nirbhaya Gangrape Case.
A Review Petition was filed by three out of four convicts that the Supreme Court rejected.
Their Mercy Petition was also rejected by the President of India.
ML Sharma Lawyer of convict Mukesh Singh then filed a Curative Petition which was rejected. AP Singh lawyer of convict Vinay Sharma stated that a death sentence will not have any preventive effect on society.
What is a Curative Petition?
Curative Petition is the last opportunity for petitioners to be heard by the court.
Word ‘Curative’ means serving to correct or negate. Supreme Court states that Curative Power is formed to rectify errors in judgment of the court.
Curative Petition is a cure for judgment which might have errors according to the petitioner. It can be filed only when the petitioner sees a possibility of any error, mistake, or omission in the judgment which violated the Principle of Natural Justice. Such petition can be moved under Articles 129, 137, 141, and 142 of the Constitution of India and read with Order XLVIII of Supreme Court Rules 2013.
This concept was originated by Supreme Court when in a case (Rupa Ashok Hurra Vs Ashok Hurra and Anr.) question was raised before the Court of Law- “If an aggrieved individual is entitled to any relief against the final order of Supreme Court of India when review petition has been dismissed?"
A Latin Maxim “actus curiae neminem gravabit” was used by the court. Which means the court's act shall prejudice no one.
This act is applied when the court is supposed to undo its judgment. This method is a cure for a wrong done by the Court.
A Curative Petition is used only when the Review Petition has been used or dismissed.
In guidelines of the court, this kind of petition must be filed only when it proves a gross violation of the principle of natural justice of the petitioner.
A senior Advocate must certify the Curative Petition
Then it is circulated to three senior judges and also to the judges who passed the judgment
Only when judges agree to the matter, it will be heard by the same judges
The court may impose exemplary costs if the petition lacks merit
What is the difference between the Review Petition and Curative Petition?
The Supreme Court has the power to review any judgment made by it.
A judgment can be reviewed with Review Petition whereas Curative Petition is available to undo any error in the judgment of Court that violated the Principle of Natural Justice.
According to Supreme Court rules, 2013, a review petition must be filed withed 30 days after the date of judgment. This petition can be submitted only on grounds permitted in the rules.
In the case of the Curative Petition, there is no time limit.
Curative Petitions are filed under Article 142 whereas Review Petitions are filed mostly invoking Article 137 of the Constitution.
Curative Petition has a narrower scope in comparison to Review Petition.
A Curative Petition can be filed only after dismissal of the Review Petition
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