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Curative Petition

The last to last resort[1] in the line of due justice being given is Curative Petition. In simple words, a curative petition is the last option for a people to acquire justice as promised by the constitution of India. It is a way to ask the court to review or revise his decision even after a review petition is dismissed or used. The concept of the curative petition is first given by the Supreme Court of India in the case of Rupa Ashok Hurra vs. Ashok Hurra and Anr. (2002). Recently it is in the news because two convicts[2] of the Nirbhaya filed a curative petition in the court. People can file a curative petition if they are not heard by the court or the decision of the court violates the principle of natural justice. No time limit is given to file a curative petition. It is guaranteed under Article 137 of the constitution i.e. powers of the supreme court to review of its own judgements and decisions. If a person files a curative petition without a valid reason, then the court may punish him with the fine.

Introduction

A curative petition is the last opportunity for the people to get due justice and if any person is not heard by the court then he can file a curative petition to put his point before the court. It is the last petition after the review petition and mercy petition. It is guaranteed under article 137 of the constitution of India by which supreme court may revise his orders and judgements. If a person files a curative petition without any valid reason, then the supreme court is entitled to punish him with the fine. It is the last to last option to get justice in India and the decision are given in this petition cannot be challenged anywhere.

The concept of the curative petition was first evolved by the supreme court of India in the case of Rupa Ashok Hurra vs. Ashok Hurra and Anr. (2002) on the question that an aggrieved person[3] is entitled to any relief against the final order of the supreme court, even after the dismissal of a review petition of the supreme court. Nowadays the concept of the curative petition is in the news because a curative petition is filed by the two convicts of the Nirbhaya case. The mercy petition and review petition of these two convicts are rejected by the supreme court. There are two main objectives of the supreme court for evolving this concept i.e. miscarriage of justice and to prevent abuse of process.

The procedure to file a curative petition has the following steps: –

  • When a review petition filed against the decision of the supreme court is dismissed or used then a curative petition may be filed.
  • The Curative petition can be entertained if the petitioner established that there was a violation of natural justice and that he was not heard by the court before passing an order.
  • It must be entertained in rare cases, not in regular cases.
  • The curative petition was first circulated to the bench three senior-most judges and the judges who passed the concerned judgement, if available.
  • Only if the majority thinks that the matter needs to be hearing then the petition is accepted.
  • The bench at any stage of consideration of the curative petition can ask a senior counsel to assist it as amicus curiae[4].
  • If a special request is not made for open-court hearing, then the petition is decided by the judges in the chambers.

In case of Mukesh and Anr v. State for NCT Of Delhi and Ors.[i] which is known as Nirbhaya Case curative petition is the last legal resource available to the convicts. Ap Singh, lawyer of the convict Vinay Sharma has placed the argument that the young age and socio-economic background should be considered as mitigating[5] factor. Advocate challenged the reasoning given by supreme court pointing out the reports and studies of universities. But there was a lot of pressure of media and politics on the judges from the starting of the case, so the curative petition was fallout and the decision of the court stay strong and convicts are punished. So curative petition is entertained in very few cases by the respected bench.

In Nirbhaya case 6 persons raped her in which 1 is juvenile so he is imprisoned by the court in juvenile jail and one person commits suicide. Remaining 4 persons make all there comforts to get out of the case but the case runs for 7 years and at last supreme court gave its verdict in 2020 and the review petition of the convicts is dismissed and then they file a curative petition but the bench did not accept the petition due to political pressure and the pressure of media. All four convicts are punished according to the final order of the supreme court.

There are some requirements to file a curative petition which are: –

  • If petitioner’s plea lacks merit, then the court could impose “exemplary costs”.
  • The petitioner will have to establish that there was an authentic violation of principles of natural justice and prejudice of the judge and judgement that unfortunately affected him.
  • The petition shall state particularly that the grounds mentioned had been taken in the review petition and that it was dismissed by circulation.
  • The curative petition must go along with certification by a senior lawyer relating to the fulfilment of the above requirements.
  • The petition is to be sent to three senior-most judges and judges of the bench of the concerned case.
  • The petition is accepted only if the majority is in favour of the decision.

In the case of Rupa Ashok Hurra v. Ashok Hurra and Anr.[ii] The principle of the curative petition was established by the supreme court. This case is relayed to the divorce of husband and wife. It has happened on the question that an aggrieved person is entitled to get any relief against the final judgement/order of the supreme court, after the dismissal of the review petition. In this case, supreme court said that to prevent abuse of its process and miscarriage of justice, it may reconsider its judgements in excise of its inherent powers. There is no limit to file a curative petition. The petitioner must put different points that are dismissed in the review petition. It is guaranteed under article 137 of the constitution i.e. powers of the supreme court to review its own orders and judgements.

Conclusion

A Curative petition is the last to last resort in the line of due justice being given. This is guaranteed under article 137 of the Indian Constitution. This principle is evolved by the supreme court of India in the case of Rupa Ashok Hurra vs. Ashok Hurra and Anr. This petition is filed after the review petition and mercy petition are dismissed. At present, it is in the news because two convicts of Nirbhaya case had filed the curative petition. It is evolved by the Supreme Court to prevent abuse of its process and miscarriage of justice. If the petitioner’s plea lacks merit, then the court may impose fine on him. The court does not need to accept the petition but a bench of three senior-most judges and the judges of concerned decision decide that the case needs to be revised or not. It is rare rather than regular. At all, this petition can be filed against the decision of the supreme court because the decision is conflicted with natural justice or the party is not heard by the court or a judge is biased in any decision.

FAQs

Q. Can A Person File the Curative Petition in High Court?

A curative petition cannot be filed in the high court, it can be filed against the final order of the supreme court.

Q. Is A Curative Petition Filed Before the Review Petition?

No, a curative petition can be filed after the review petition.

Q. What Is the Time Limit to File A Curative Petition?

There is no time limit fixed by the supreme court to file a curative petition.

Q. Who Decides That the Curative Petition Is Justified or Not?

A bench of three senior-most judges and judges of the concerned decision decides that the matter needs to be hearing or not.

Q. Under Which Article the Principle of Curative Petition Lies?

The principle of the curative petition is established under article 137 of the Indian Constitution i.e. the Supreme Court has the power to review its own decision or order.

Q. Where the Hearing of Curative Petition Held?

Hearing of the curative petition held in the chamber of judges unless a special request for an open hearing is allowed.

References

[1] It is the action of resorting to a course of action in a difficult situation.

[2] Persons to whom punishment is given by the court and are in jail.

[3] A person sufficiently harmed by legal judgement, decree.

[4] Friend of the court.

[5] Lessing the gravity of an offence or mistake.

[i] (2017) 6 SCC 1: (2017) 2 SCC (Cri) 673

[ii] AIR 1999 SC 2870, (1999) 2 SCC 103

Published by Siddharth Jeet Kantya

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