Procedure of Curative Petitions in India

What is a Curative Petition?

Curative Petitions are the final judicial corrective measure that can be pleaded in a judgement or decision passed by the Supreme Court, which is typically decided by judges in chambers. Such petitions may, in rare instances, receive open court hearings. Therefore, curative petitions are considered the last and final option for the redressal of grievances.

Article 137 of the Constitution of India, 1950 , is subject to the provisions of the guidelines made under Article 145, which clarifies that the Supreme Court can review any decision declared by it. Such a petition must be filed within 30 days from the date of the impugned order.
 

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What is the objective behind the curative petition?

The objective behind allowing such a petition is only to minimize any abuse of the processes of law and to cure gross miscarriages and lapses in the justice system. Once a case has been adjudicated by the Supreme Court, an interesting doctrine known as 'interet Republicaeut sits finis litium' may take effect. This concept states that for the public good, there should be an end to litigation after many levels of appeals have been exhausted. However, in order to promote justice, our founding fathers and mothers inserted Article 137 into the Constitution, allowing a review petition against orders issued by the Supreme Court. However, one must ask themselves what would happen if injustice prevailed even after this review petition was processed and dismissed? Can an aggrieved person state they were affected by a Supreme Court order and claim the issuance of a writ against it? Or can only the Supreme Court issue such a writ to itself? Given that there is no intra-court appeal system within the Supreme Court and an established legal doctrine i.e., 'actus curiae neminem gravabit', suggests that court actions shall prejudice no one, It becomes imperative to final solution for this.
 

How did it come into existence?

The concept of curative petition was first evolved by the Supreme Court in Rupa Ashok Hurra vs Ashok Hurra and Anr. (2002), when an aggrieved party sought relief against an impugned final judgment/order of the Supreme Court following its dismissal of review petition. To prevent abuse of process or rectify gross miscarriages of justice, in such an event the Court held that in its exercise of inherent powers it may reconsider such judgments and order in exercise of its inherent powers. For this purpose, the Court has devised what has been termed a 'curative' petition.
 

What are the grounds for filing a curative petition?

1. Petitioner must certify and confirm that there was an infringement of principles of natural justice as well as evidence of bias of the judge and the judgement affecting him.

2. The petition must expressly state that any grounds raised under Review Petition were dismissed by circulation.

3. The curative petition must be filed with certification of a Senior Advocate for fulfilling the said requirements.

4. A petition must be addressed to three senior-most judges of the bench that rendered judgment on the case, if available.

5. If the majority of judges on a bench concur that an issue requires a hearing, it would be brought before that same bench for consideration.

6. If the plea lacks merit, the Court could impose "exemplary costs".
    

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Why are curative petitions not heard in Court?

As with review petitions, curative petitions are not heard in open Court unless judges first decide that there's some merit in the case and, therefore, they should be heard in open Court. Moreover, almost every curative petition is rejected by the Supreme Court after reading through the petition, without even hearing the lawyers. This is quite a reasonable process since the required grounds in curative petitions are extremely narrow and are highly unlikely to be made out during the course of the argument if they aren't made out in the text of the curative petition itself.

Advocate Chikirsha Mohanty

Greater Kailash - 1, Delhi
5 years

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