Curative Petition

Context

Curative Petition

The Supreme Court’s decision to allow a curative writ petition in the DMRC case signifies an expansion of its powers beyond constitutionally prescribed processes.

A curative petition is the final chance to seek relief from the Supreme Court of India after a review petition is dismissed. It’s a rare mechanism designed to address grave injustices in the court’s previous rulings.

Here’s a breakdown of key points about curative petitions in India:

• **Purpose:** To rectify severe injustices arising from a Supreme Court judgement.
• **Not a regular appeal:** Curative petitions are not standard appeals. They are considered exceptional measures.
• **Legal basis:** The concept emerged from a Supreme Court case (Rupa Ashok Hurra vs. Ashok Hurra) and is not explicitly mentioned in the Constitution. However, it falls under Article 137, whichh empowers the Supreme Court to review its judgments.

Grounds for filing

• Violation of natural justice principles
• Judge bias
• Abuse of court process
• Discovery of new and crucial evidence not presented earlier (in rare cases)

Examples:

• The recent case where the Supreme Court reviewed its decision on the Delhi Metro project based on a curative petition highlights its significance.
• The Union government’s curative petition seeking additional compensation for the Bhopal gas tragedy victims was rejected as it didn’t meet the strict criteria.

Strict scrutiny:

Curative petitions face very close examination by the court. Only petitions with strong justifications for revisiting the case are considered.

Who decides:

The petition is circulated to senior judges, including those involved in the original judgement if available.

No time limit:

Unlike appeals, there’s no deadline for filing a curative petition.

Overall, curative petitions are a powerful tool to ensure justice in India’s legal system. However, they are reserved for truly exceptional circumstances.