A curative petition is the final option for the people to achieve justice as mentioned and promised by the Constitution of India.
In a Curative petition, the petitioner is needed to claim that the grounds mentioned in the petition was taken in the review petition that was filed earlier and was dismissed by circulation. A senior advocate will certify this. The Curative petition is then circulated to three senior-most judges and the judges who delivered the adverse judgement, if available. No time limit is given to file a Curative petition. It is guaranteed under Article 137 of the Constitution of India, i.e. powers of the Supreme Court to review its judgements and orders.
The Supreme Court has laid down distinct conditions to entertain the curative petitions:
- The petitioner needs to establish that there was a genuine violation of principles of natural justice and fear of bias of the judge and judgement that negatively affected him.
- The petition must state expressly that the grounds mentioned had been stated in the review petition and which was dismissed by circulation.
- The curative petition must be certified by an advocate concerning the fulfilment of the above conditions.
- The petition is to be sent to three senior-most judges and judges of the bench who have passed the judgement affecting the petition, if available.
- If the majority of the judges of the bench agree that the matter needs a hearing, then it would be sent to the same bench (as far as possible).
- The court can impose “exemplary costs” to the petitioner if his plea lacks merit.
Key Points
Objectives:
It has two objectives- avoid miscarriage of justice and to prevent abuse of the process.
Constitutional Background:
The concept of curative petition is supported by Article 137 of the Indian Constitution. It provides that in the matter of rules and laws made under Article 145, the Supreme Court has the power to review any order or judgement pronounced or made by it. The curative petition needs to be filed within 30 days from the date of order or judgement.
Procedure:
- A curative petition could be filed after a review appeal b against the final conviction is rejected.
- It can be considered if the petitioner establishes that there was a violation of principles of natural justice, and the court did not hear him before passing an order.
- It must be rare rather than regular.
- A curative petition should be first circulated to a Bench of the three senior-most judges, and the judges who have passed the judgment, if available. Only if a majority of the judges conclude that the matter needs hearing it should be listed before the same bench.
- The bench can ask a senior counsel to assist it as amicus curiae (Friend of the court) at any stage of consideration of the curative petition
- Judges in the chamber generally decide a curative petition unless a specific request for an open-court hearing is permitted.
Grounds for Rejection:
In case of the bench holding at any stage that the petition lacks merit, it may impose a penalty on the petitioner.
A curative petition is the last resort in line of due justice being delivered. For some, it is the last opportunity of the unheard to be heard. For rest, it’s a Supreme Court creation which goes against its power.
How is curative petition different?
A curative petition is a process to request the court to review and revise their own decision even after a review petition is used. But the court is cautious in the use of such a petition. The court clearly states that these petitions must be rare instead of regular. To ensure it, the court states in its guidelines to file the petition; the contending party must prove that the court has given a gross violation of a principle of natural justice.
For the petition to be entertained, a senior advocate needs to certify and point out substantial grounds. The same will be reviewed by the three senior-most judges of the court along with the judges who have passed the judgement, and if the majority agrees that there was a violation, the curative petition will be heard by the same bench. The provisions of the Limitations Act do not govern a curative petition, but the court has made it clear that it is required to be filed within a reasonable time.
