A curative petition is a plea given to people as a last resort for justice. Review and Curative Petition are two separate terms for re-addressal of the grievance plea.The Supreme Court maintains both the petitions for the convenience of the petitioner.  The case was referred to a constitutional bench of three judges and after closely hearing remarks by counsels and amicus curiae, it was noted by the court that petitioner is entitled to relief ex debito justitiae if he establishes that there has been violation of natural justice or where there has been an apprehension of biasness which adversely affected the party or parties and in order to remedy the injustice, the petition is called curative petition. The ground for pleading Curative Petition has to be limited to the issue of law and law only. The Curative Petition is the last chance available for the protection from the compensation of injustice in the court after the review petition is dismissed or has been exhausted. By Salaar Khan. What is a 'curative petition' and what is the origin and significance of this very important legal expression under Indian constitutional law? Moreover, only in one of the three cases allowing a curative petition, State of MP v. Sugar Singh, was natural justice, i.e., an enumerated ground in paragraph 51, relied on. A curative appeal is the final constitutional remedy available to the court for redressal of grievances after the review plea is denied or has been expired. It can be entertained if the petitioner establishes that there was a violation of the principles of natural justice, and that he was not heard by the court before passing an order. A curative petition is a judicial innovation and a new concept in the Indian legal system. (2002) in which the question was whether an aggrieved person is entitled to any relief against the final judgement or order of the Supreme Court after the dismissal of a review petition. Democratic Indian (n/a) 13 May 2011. Practice Areas Indirect Tax Cases. The Office of Registrar . The term 'Curative' was coined by the Constitution Bench of the Supreme Court while deciding the Writ Petition in Rupa Ashok Hurra case. Though the Constitution explicitly speaks about the review power of the Supreme Court under Article 137, it is silent about 'curative power'. It can be entertained if the petitioner establishes that there was a violation of the principles of natural justice, and that he was not heard by the court before passing an order. That the petition has not made any application to be exempted from complying with the doctrine of exhaustion . It is inherent jurisdiction of Supreme Court. It must be rare rather than regular. Thus, it can be said that the idea of the curative petition is a Constitutional remedy which is a last resort that was originated to rectify the decision of the Supreme Court by themselves as a legal and moral obligation in deciding rarest of rare cases. Curative petition is the new addition in the field of law by the Hon'ble Supreme Court and it is being used in various landmark cases, even used by the convicts of Nirbhaya case. It is filed based on the grounds specified in the Rupa Ashok Hurra case. The concept of curative petition emerged in the case of Rupa Ashok Hurra v. Ashok Hurra and Anr.
For some, it is the last opportunity for the unheard-of to be heard. The Curative Petition must come with the certification of a senior Advocate for fulfilling the above requirements. Life Insurance Corporation of India didn't respond the SC Judgement dated 09/08/2016 arises on the CA No.6950 of 2009 & Contempt Case No.459 of 2015 rather filed Curative Petitions (Civil) bearing No.23-26 of 2017 against the above judgement. The answers to these very pertinent questions are found in the celebrated judgement given by the Supreme Court of India in the case entitled, "Rupa Ashok Hurra vs. Ashok Hurra and another" reported in .
A curative petition may be filed after a review plea against the final conviction is dismissed. Vinay Kumar Sharma, one of the four men sentenced to death in the Nirbhaya gang rape and murder case, has filed a curative petition in the Supreme Court on Thursday after a Delhi Court issued death warrants against all 4 convicts and directed that . In the case, Rupa Ashok Hurra vs. Ashok Hurra and Anr (the year 2002), evaluation of the Indian concept of Curative Petition took place by the Supreme Court of India. Such a petition needs to be filed within 30 days of the judgment or order. Edited by Pushpamrita Roy. People can only file this petition in rare cases and if they feel that their case is facing prejudice and gross miscarriage of justice. When it comes to interpreting the constitution, invention tends to follow necessity very closely . It is a concept that evolved by the Supreme Court of India in the matter of Rupa Ashok Hurra vs. Ashok Hurra and Anr. The five-judge bench comprising of Justices NV Ramana, Arun Mishra, RF Nariman, R Banumathi, and Ashok Bhushan while hearing the curative petition filed by the convict Pawan Gupta 'in . The case status is Disposed - Dismissed. Navneet Kaur v. NCT The petition shall state expressly that the grounds mentioned under review petition were dismissed by circulation. The review petition has to be filed within 30 days from the date of judgment. In January 2016, a further breakthrough was achieved when the three most senior judges of the Supreme Court, who - as per the rules - were hearing the curative petition, decided to refer it to a larger bench of five judges. The Supreme court of India evolved the concept of curative petition in the landmark case of Rupa Ashok Hurra vs. Ashok Hurra and Anr. In March 2013, the SC allowed a curative petition against its 2009 judgment which held that if a woman kicked her daughter-in-law or threatened her with divorce, it would not amount to cruelty . A Curative is filed before the Supreme Court after failing the Review Petition filed under Article 137 of the Constitution of India. The Supreme Court has recently dismissed a curative petition filed in the much debated Saumya murder case. ISLAMABAD: Law Minister Azam Nazeer Tarar on Thursday hinted at withdrawing the infamous 'curative review petition', which his predecessor had moved before the Supreme Court against Justice . Due to some issues, there was a difference of opinion between the husband and wife, which persisted till 1983, in which the wife left the matrimonial home. Curative petition is the new addition in the field of law by the Hon'ble Supreme Court and it is being used in various landmark cases, even used by the convicts of Nirbhaya case. What is a Curative Petition? It is the last to last window in the line of due justice being given to any felon. The question was raised that any relief should be given to the aggrieved person against the final order and judgment of the Supreme Court, after the dismissal of a petition of review. Navneet Kaur w/o Devender Pal Singh Bhullar had filed the present Curative Petition . A curative petition is the last resort to the highest court that can be petitioned for redressal of grievances in court after review petition is dismissed and its . 22. A five-judge bench headed by Justice N V Ramana, which considered the curative plea in-chamber, also rejected Pawan's application seeking a stay on the execution of death sentence . II. A curative petition is a way to ask the court to review and revise their own decision even after a review petition is dismissed or used. The question was raised that any relief should be given to the aggrieved person against the final order and judgment of the Supreme Court, after the dismissal of a petition of review. 8 May 2017 9:36 AM GMT. The 2 nd Respondent raised the following grounds: - a. A curative petition is the last resort to the highest court that can be petitioned for redressal of grievances in court after review petition is dismissed and its . The Judge overseeing this case is Butler, Dee Smart. (2002) where a question was raised that whether an aggrieved person is entitled to any relief against the final order/judgment of the Supreme court after dismissal of review petition. Where the Constitution of India exclusively talks about the power of the Supreme Court to review petition under Article 137, it is silent about the curative petition. It ensures justice as enshrined and promised by the Constitution of India after the review plea is dismissed or exhausted. It is the last and final resort to the judicial remedy of any grievances which is not normally given an open-court hearing. The Petition is to be sent to the 3 senior most judges and judges of the bench who passed the judgement, if available. Curative petition is the last constitutional remedy available to a person whose review petition has been dismissed by the Supreme Court. Photo: PTI. Curative Petition. No question can be raised as to correctness of facts or figures in the Curative Petition. The system of curative petition was started after the decision of the Supreme Court in the case of Rupa Ashok Hurra vs. Ashok Hurra, (2002) 4 SCC 388 : AIR 2002 SC 1771. However, it is important to note that the curative petition arguments are gateway arguments. The incumbent government's legal team is divided on the withdrawal of the curative review petition against the top court's April 26, 2021 order in the Justice Qazi Faez Isa case, with one . [i] in 2002. (2002). Under Article 137 of the Indian Constitution, the Supreme Court is given the power to review its judgment. against the dismissal of Review Petition (Criminal) No.435 of 2013 in . The concept of curative petition evolved in Rupa Ashok Hurra vs Ashok Hurra & others. Where the Constitution of India exclusively talks about the power of the Supreme Court to review petition under Article 137, it is silent about the curative petition. Once a decision is given by the Supreme Court of India, the same may be considered . The Curative Petition - now essentially dormant - has . By Dr Faqir Hussain. A six-member bench observed that no case was made out within the . Supreme court rules under Order XLVIII states that curative petition can be filed after the dismissal of a case in exercise of review jurisdiction of the Supreme Court under Article 137 of the constitution by way of circulation, a Curative petition is filed under the inherent jurisdiction of the court to prevent abuse of its process and gross miscarriage of justice. The curative petition is a way in which the Supreme Court of India can review its judgment and it can be presented in the court by the following procedure: The first step is that the petitioner has to prove that there was an infringement of his fundamental rights, and the previous judgment was made in violation of the principles of natural justice. The Court agreed to hear the petition in "open court". The writer is a lawyer. In the case, Rupa Ashok Hurra vs. Ashok Hurra and Anr (the year 2002), evaluation of the Indian concept of Curative Petition took place by the Supreme Court of India. In December the . The Supreme Court on Monday dismissed the curative petition filed by Pawan Gupta, one of the four death row convicts in the 2012 Nirbhaya gangrape and murder case. While filling the curative petition and deciding it on the grounds of manifest illegality and palpable injustice in the rare cases .
The order dismissing the majority of curative petitions simply states that "no case is made out within the parameters" in Hurra. The Curative Petition is an ultimate resort of corrective measure that can be pleaded for in any decision or any judgement passed Apex Court.