A curative petition is the final legal remedy available to a person seeking relief from a miscarriage of justice after the court has dismissed or exhausted all review petitions. It allows the court to reconsider its decision in exceptional cases to prevent grave injustice.
Evaluation of Curative Petition- The concept originated from the 2002 case of Rupa Ashok Hurra Vs. Ashok Hurra and Others. In this case this question raised that “Whether an aggrieved person is entitled to any relief against the final judgment/order of the Supreme Court after the dismissal of a review petition”
The Supreme Court held that to prevent abuse of it’s process and to cure gross miscarriage of justice , it may reconsider its judgments in exercise of its inherent powers . For that purpose the apex court has devised what has been termed as a curative petition. In which the petitioner is required to aver specifically about his/her grievances .
In this case the Supreme Court used the latin maxim- “Actus Curiae neminem gravabit.” Which means that an act of the court shall prejudice no one. It applies when the court is bound to undo a wrong done to a party by the act of court itself.
Requirements-
To entertain a Curative Petition the Supreme Court has laid down specific condition-
1- The petitioner must establish that there was a genuine violation of principles of natural justice and fear of the bias of the judge and judgment that adversely affected him.
2- The petition must state specifically that the grounds mentioned had been taken in the review petition and that was dismissed in the said judgment or order.
3- The Curative Petition must accompany certification by a senior lawyer relating to the fulfillment of the above requirements.
4- The petition is to be sent to the three senior most judges and most possibly to the judges of the bench who passed the judgment affecting the petition.
5- If the majority of the judges on the above bench agree , that the matter needs hearing, it is sent to the same bench if possible.
6- The Court may impose exemplary cost to the petitioner if his/her plea lack of merit.
Who can decide a Curative Petition ?
Ans- A Curative Petition is required to be certified by a senior advocate and it is circulated to the three senior most judges and the judges who delivered the impugned judgment .
Difference between Review Petition and Curative Petition –
The main difference between the Review Petition and Curative Petition is the fact the Review Petition is inherently provided in Constitution of India . Whereas the emergence of the curative petition is in relation with the interpretation of the Review Petition by the Supreme Court which is enshrined in Art. 137 of Constitution of India.