What is the Curative Petition?

What is the Curative Petition?

In the Indian judicial system, a Curative Petition is essentially the last resort option to seek relief from the Supreme Court after a review petition has been dismissed. It’s a mechanism to potentially overturn a judgement in very specific circumstances.

Here’s a breakdown of the key points about Curative Petitions:

• Purpose: Introduced in 2002, it aims to address situations where a grave miscarriage of justice might have occurred and needs rectification.
• Eligibility: Not a right for everyone. The court considers them very selectively, only if there’s a strong possibility of a serious injustice.
• Procedure: Curative petitions are filed after a review petition’s dismissal. They need to be routed through specific senior judges of the Supreme Court.

It’s important to remember that Curative Petitions are extraordinary measures and used sparingly to preserve the balance between finality of judgements and addressing potential injustices.

1. Curative Petition under Article 142:

Curative petitions are indeed linked to Article 142 of the Indian Constitution. This article empowers the Supreme Court to issue any order necessary to ensure complete justice in a case. Curative petitions leverage this power to potentially revisit a judgement in rare instances.

2. Success Rate of Curative Petitions:

Curative petitions have a very low success rate. Since they are meant for exceptional situations, the Supreme Court considers them very selectively. There are no official statistics on the success rate, but it’s safe to say they are successful only in a handful of cases.

3. Who Introduced Curative Petitions?

The concept of curative petitions wasn’t explicitly mentioned in the Constitution. It was introduced by the Supreme Court itself in the landmark case of Rupa Ashok Hurra vs Ashok Hurra in 2002.

4. Curative Petition under CRPC (Code of Criminal Procedure):

Curative petitions are specific to the Supreme Court and not mentioned in the Code of Criminal Procedure (CRPC). CRPC has its own provisions for appeals and revisions of judgements passed by lower courts.

5. Rules for Curative Petitions:

There are no formal codified rules for curative petitions. However, established guidelines and precedents govern them. These guidelines emphasize that curative petitions are meant for:

• Situations where there’s a strong possibility of a grave miscarriage of justice.
• Instances where the principles of natural justice, like the right to be heard, were violated.

The petitions are circulated among senior judges, and only if a majority see merit is a hearing granted.

Curative Petition: Background and Procedure

A Curative Petition is an extraordinary remedy available in the Indian judicial system. It allows a final attempt to seek relief from the Supreme Court after a review petition against its judgement has been dismissed.

Background: The concept of curative petitions emerged in 2002 through the landmark case of Rupa Ashok Hurra vs Ashok Hurra. It was introduced to address situations where a grave miscarriage of justice might have occurred and needed rectification, even after exhausting the regular channels of appeals and review.

Procedure for Filing a Curative Petition

Here’s a breakdown of the steps involved in filing a curative petition:

1. Eligibility: A curative petition can only be filed after the dismissal of a review petition against the final judgement.
2. Time Limit: The petition must be filed within 30 days of the dismissal of the review petition.
3. Grounds for Filing: Curative petitions are meant for exceptional circumstances. They are typically entertained only if the petitioner can establish:
   • A violation of the principles of natural justice, where they were not given a fair chance to be heard.
   • A clear case of a mistake in the judgement that has resulted in a serious miscarriage of justice.
4. Senior Advocate’s Certification: The petition needs to be certified by a senior advocate, who validates that the petition has merit and justifies consideration by the court.
5. Circulation and Consideration: The petition is circulated to a bench comprising the three senior-most judges of the Supreme Court, along with the judges who passed the original judgement (if available).
6. Hearing: Only if a majority of the judges on the bench believe the petition has merit will it be listed for a hearing. In most cases, these hearings occur in chambers (judge’s private office) unless a specific request for an open court hearing is granted.
7. Outcome: The court has the authority to:
   • Uphold the original judgement.
   • Modify the judgement.
   • Order a re-hearing of the case.
8. Penalty for Frivolous Petitions: If the court finds the petition to be frivolous or lacking merit, it may impose a penalty on the petitioner.

Important Points to Remember:

• Curative petitions are extraordinary remedies and used very sparingly.
• The success rate of curative petitions is very low.
• They are not meant to be a tool for relitigating a case or raising new arguments that could have been presented earlier.

By understanding the background and procedure for curative petitions, you gain insight into a rarely used but potentially significant avenue for seeking justice in the Indian Supreme Court.

Special Leave Petition vs Review Petition vs Curative Petition vs Mercy Petition

These four petitions represent different avenues for seeking redress within the Indian legal system, but they cater to distinct situations and have varying levels of accessibility. Here’s a breakdown of each:

1. Special Leave Petition (SLP):

• Purpose: To challenge the judgement of a High Court or any other court or tribunal of equal standing before the Supreme Court.
• Grounds: SLP can be filed based on legal errors in the judgement, violation of fundamental rights, or if the case raises a substantial question of law of national importance.
• Eligibility: Anyone aggrieved by a High Court judgement or equivalent can file an SLP.
• Success Rate: Varies depending on the grounds, but generally lower than review petitions.

2. Review Petition:

• Purpose: To request the Supreme Court itself to reconsider its own judgement or order.
• Grounds: Limited to clerical errors, mathematical mistakes, or a misapprehension of law. New arguments are generally not allowed.
• Eligibility: Only applicable to judgements passed by the Supreme Court itself.
• Success Rate: Relatively higher than SLPs due to stricter grounds.

3. Curative Petition:

• Purpose: The last resort legal recourse within the judiciary. It’s a final attempt to overturn a Supreme Court judgement after a review petition is dismissed.
• Grounds: Extremely limited to situations where a grave miscarriage of justice has likely occurred or fundamental principles of natural justice were violated.
• Eligibility: Can only be filed after the dismissal of a review petition.
• Success Rate: Very low due to the extraordinary nature of the petition.

4. Mercy Petition:

• Purpose: Not a legal remedy, but a plea for clemency. It seeks to reduce or waive punishment, typically a death sentence.
• Grounds: Based on humanitarian considerations, like the convict’s age, illness, or exceptional circumstances. Legal aspects are not considered.
• Eligibility: Filed before the President of India under Article 72 or the Governor of a State under Article 161 of the Constitution.
• Success Rate: Varies depending on the case and the discretion of the authority.

In essence:

• SLP and Review Petitions are used to challenge judgements based on legal errors or for reconsideration.
• Curative Petitions are a last resort within the judiciary for exceptional cases.
• Mercy Petitions are pleas for clemency outside the legal system.

Review Petition Vs Curative Petition Vs Mercy Petition

All three – Review Petition, Curative Petition, and Mercy Petition – deal with seeking relief from a court order, but they differ significantly in purpose, eligibility, and the authority they address. Here’s a breakdown:

Purpose:

• Review Petition: Asks the same court (usually the Supreme Court) to reconsider its own judgement due to legal errors like miscalculations or a misunderstanding of a law.
• Curative Petition: A final attempt within the judiciary to overturn a Supreme Court judgement after a review petition fails. It targets situations where a grave injustice might have occurred.
• Mercy Petition: Not a legal challenge, but a plea for leniency or forgiveness. It aims to reduce or waive punishment, often a death sentence.

Eligibility:

• Review Petition: Can be filed by anyone aggrieved by a Supreme Court judgement.
• Curative Petition: Only after a review petition is dismissed by the Supreme Court.
• Mercy Petition: Typically filed by the convict, family members, or advocates on their behalf. It’s addressed to the President of India (for death sentences) or the Governor of a State (for other sentences).

Authority Addressed:

• Review Petition & Curative Petition: Both are addressed to the Supreme Court.
• Mercy Petition: Bypasses the court system and goes directly to the President or Governor, depending on the case.

Success Rate:

• Review Petition: Relatively higher chances compared to others as legal grounds are considered.
• Curative Petition: Extremely low due to the extraordinary nature (meant for grave injustices).
• Mercy Petition: Success rate varies depending on the case and the authority’s discretion.

In a nutshell:

• Review Petitions offer a chance for the same court to rectify its own errors.
• Curative Petitions are a last resort within the judiciary for exceptional circumstances.
• Mercy Petitions are pleas for clemency outside the legal system.

Review Petition vs. Curative Petition vs. Mercy Petition

These three options represent different stages and avenues for seeking relief from a court order in India. Here’s a comparison to understand the key differences:

Feature	Review Petition	Curative Petition	Mercy Petition
Purpose	Reconsideration of a judgement by the issuing court (usually Supreme Court) due to legal errors.	Last resort legal attempt to overturn a Supreme Court judgement after a review petition fails (grave injustice).	Plea for clemency (leniency or forgiveness) to reduce or waive punishment (often death sentence).
Eligibility	Anyone aggrieved by a Supreme Court judgement.	Only after a review petition is dismissed by the Supreme Court.	Typically by convict, family, or advocates; addressed to President (death row) or Governor (other sentences).
Authority Addressed	Supreme Court	Supreme Court	President of India (death row) or Governor of a State (other sentences).
Grounds	Legal errors (miscalculations, misunderstanding of law etc.)	Grave miscarriage of justice, violation of fundamental principles of natural justice.	Humanitarian considerations (age, illness, exceptional circumstances). Legal aspects not considered.
Success Rate	Relatively higher (legal grounds considered).	Extremely low (extraordinary nature).	Varies depending on the case and authority’s discretion.
Example	Challenging a judgement based on a wrongly applied law.	Seeking to overturn a judgement due to new evidence of innocence discovered after review petition dismissal.	Requesting to commute a death sentence due to the convict’s terminal illness.

Remember:

• Review and Curative Petitions are legal remedies within the court system.
• Mercy Petitions are pleas for clemency outside the legal system.
• The success rate progressively decreases from Review Petitions to Curative Petitions to Mercy Petitions.

Can Registry Refuse To Register Curative Petition Merely Because Review Petition Was Heard & Dismissed In Open Court? Supreme Court To Examine

The Supreme Court of India has recently clarified that the Registry cannot refuse to register a curative petition solely because a review petition was heard and dismissed in open court. This was a key point in a recent case where the Court emphasized that the Registry does not have the authority to decide the merits of a curative petition.

Here’s a breakdown of the key points:

• Ruling: The Supreme Court held that the Registry’s role is administrative, and it cannot determine whether a review petition dismissed in open court deserves a relook through curative jurisdiction.
• Reasoning: Curative petitions are extraordinary remedies meant for exceptional situations where a grave injustice might have occurred. The Court, not the Registry, has the authority to decide if the petition merits consideration based on these grounds.
• Process: Previously dismissed review petitions are circulated among senior judges and the judges who passed the original judgement to determine if a curative petition has merit.

This ruling strengthens the principle that all avenues for seeking justice, even extraordinary ones like curative petitions, should be properly evaluated by the Court itself and not be pre-empted by the Registry.

What is the Curative Petition?

A Curative Petition is a legal remedy available in the Indian judicial system. It is a special petition filed in the Supreme Court of India after a review petition against a final judgment or order has been dismissed. It’s designed to address any defects, errors, or injustices that may have occurred in the judgment which have not been rectified through the regular review process.

The concept of a curative petition was introduced by the Supreme Court of India in the landmark case of Rupa Ashok Hurra v. Ashok Hurra & Anr (2002). The court recognized that in exceptional circumstances, where a petitioner can demonstrate a violation of principles of natural justice or a patent error resulting in a miscarriage of justice, a curative petition may be entertained.

However, it’s important to note that curative petitions are rarely granted and are only allowed in extraordinary circumstances where there has been a gross miscarriage of justice. The Supreme Court has set stringent criteria for admitting such petitions, and they are usually considered as a last resort after all other legal avenues have been exhausted.

1. Curative Petition under Article 142: A Curative Petition under Article 142 of the Indian Constitution is a legal remedy available in the Supreme Court of India. Article 142 empowers the Supreme Court to pass orders necessary for doing complete justice in any matter pending before it. The concept of a curative petition under Article 142 was introduced by the Supreme Court in the Rupa Ashok Hurra v. Ashok Hurra & Anr (2002) case.
2. Success Rate of Curative Petition: The success rate of curative petitions is generally very low. The Supreme Court sets stringent criteria for admitting such petitions, and they are usually considered as a last resort after all other legal avenues have been exhausted. Only in extraordinary circumstances where there has been a gross miscarriage of justice would a curative petition be entertained.
3. Introduction of Curative Petition: The concept of the curative petition was introduced by the Supreme Court of India in the aforementioned case of Rupa Ashok Hurra v. Ashok Hurra & Anr (2002).
4. Curative Petition under CRPC (Code of Criminal Procedure): The Curative Petition under the Code of Criminal Procedure (CRPC) is a legal remedy available in criminal cases. It can be filed by a person convicted by a criminal court after exhausting all other legal remedies, including appeals and review petitions. The curative petition under CRPC is intended to correct any errors or miscarriages of justice that may have occurred during the trial or appeal process.
5. Rules for Curative Petition: The rules for filing a curative petition are primarily laid down by the Supreme Court of India through its judgments and orders. Some key points to consider when filing a curative petition include:
   • The petitioner must demonstrate that there has been a violation of principles of natural justice or a patent error resulting in a miscarriage of justice.
   • The petition should be filed after the dismissal of a review petition, and it must explain why the matter deserves reconsideration.
   • The curative petition should be accompanied by supporting documents and legal arguments.
   • The Supreme Court has the discretion to admit or reject a curative petition based on its merits and the principles of justice.

These rules may vary slightly based on the specific circumstances of each case and any subsequent guidelines issued by the Supreme Court.

Curative Petition: Background and Procedure

The concept of the Curative Petition emerged from the need for a legal remedy to rectify gross miscarriages of justice that may have occurred despite exhausting all other legal avenues. Here’s an overview of the background and procedure of the Curative Petition in the Indian judicial system:

Background: The Curative Petition was introduced by the Supreme Court of India to address situations where a judgment resulted in a grave injustice due to a violation of principles of natural justice or an apparent error. It was recognized that certain exceptional cases warranted a review even after exhausting the regular judicial processes like appeals and review petitions.

The landmark case of Rupa Ashok Hurra v. Ashok Hurra & Anr (2002) established the framework for the Curative Petition in India. In this case, the Supreme Court held that in exceptional circumstances, a Curative Petition could be filed to prevent abuse of its process and to cure gross miscarriages of justice.

Procedure:

1. Filing of Petition: The petitioner must file the Curative Petition in the Supreme Court of India. It should be filed after the dismissal of a review petition, and it must clearly state the grounds on which the petitioner seeks relief. The petition should provide substantial evidence or legal arguments to support the claim of a miscarriage of justice.
2. Review by Judges: The Curative Petition is first examined by a bench of the three senior-most judges of the Supreme Court, including the Chief Justice of India if available. These judges review the petition to determine whether it raises substantive issues that warrant further consideration.
3. Hearing: If the bench finds merit in the Curative Petition, it may schedule a hearing to allow both parties to present their arguments. The petitioner and the respondent (usually the opposing party in the original case) have the opportunity to present their case before the court.
4. Decision: After considering all arguments and evidence presented, the bench deliberates on the Curative Petition. The decision may entail affirming the original judgment, modifying it, or granting relief to the petitioner if a miscarriage of justice is found. The decision of the Supreme Court in the Curative Petition is final and binding.

The Curative Petition serves as a safeguard against manifest injustice and ensures that the principles of natural justice are upheld. While it is an extraordinary remedy, it plays a crucial role in maintaining the integrity and fairness of the judicial process in India.

Explained-What Is Curative Petition?

A Curative Petition is a special legal remedy available in the Indian judicial system, specifically in the Supreme Court of India. It is designed to address instances where a final judgment or order of the Supreme Court itself may have resulted in a gross miscarriage of justice due to a violation of principles of natural justice or a glaring error that has not been rectified through the regular review process.

Here’s a breakdown of what a Curative Petition entails:

1. Purpose: The primary purpose of a Curative Petition is to prevent abuse of the judicial process and to rectify serious errors or injustices that may have occurred despite exhausting all other legal avenues.
2. Background: The concept of the Curative Petition was introduced by the Supreme Court of India in the landmark case of Rupa Ashok Hurra v. Ashok Hurra & Anr (2002). It recognized the need for an exceptional remedy to correct egregious miscarriages of justice.
3. Procedure: A Curative Petition is filed after the dismissal of a review petition against the final judgment or order of the Supreme Court. The petitioner must demonstrate that there has been a violation of principles of natural justice or a patent error resulting in a miscarriage of justice.
4. Review by the Court: The Curative Petition is first examined by a bench comprising the three senior-most judges of the Supreme Court, including the Chief Justice of India if available. If the bench finds merit in the petition, it may schedule a hearing where both parties present their arguments.
5. Decision: After considering all arguments and evidence, the bench deliberates on the Curative Petition. The decision may involve affirming the original judgment, modifying it, or granting relief to the petitioner if a miscarriage of justice is found. The decision of the Supreme Court in the Curative Petition is final and binding.

Overall, a Curative Petition is a significant legal recourse available to address extraordinary circumstances where justice may have been miscarried. While it is rarely granted, it serves as a vital safeguard to uphold the principles of fairness and justice in the Indian judicial system.

Special Leave Petition vs Review Petition vs Curative Petition vs Mercy Petition

Here’s a comparison of four different types of petitions in the Indian judicial system:

1. Special Leave Petition (SLP):
   • Purpose: A Special Leave Petition is filed in the Supreme Court of India seeking special permission to appeal against any judgment, decree, determination, sentence, or order in any case or matter.
   • Scope: It can be filed against any judgment or order, including those of lower courts, tribunals, or High Courts.
   • Grounds: The petitioner must demonstrate that the case involves a substantial question of law or a significant public interest.
   • Decision: The Supreme Court has discretion in granting or rejecting the Special Leave Petition. It may grant leave to appeal and proceed with the case, or it may dismiss the petition.
2. Review Petition:
   • Purpose: A Review Petition is filed in the Supreme Court or High Court to seek a review of its judgment or order.
   • Scope: It can only be filed against the final judgment or order of the court.
   • Grounds: The petitioner must show that there is an error apparent on the face of the record, or there has been a miscarriage of justice.
   • Decision: The court may grant the review petition if it finds sufficient grounds, leading to a re-examination of the original judgment. However, review petitions are rarely granted.
3. Curative Petition:
   • Purpose: A Curative Petition is filed in the Supreme Court after the dismissal of a review petition, seeking a remedy against the final judgment or order.
   • Scope: It can only be filed in exceptional circumstances where there has been a gross miscarriage of justice.
   • Grounds: The petitioner must demonstrate a violation of principles of natural justice or a patent error resulting in a miscarriage of justice.
   • Decision: A Curative Petition is first examined by a bench of the three senior-most judges of the Supreme Court. If it finds merit, a hearing may be scheduled, and the decision of the court is final and binding.
4. Mercy Petition:
   • Purpose: A Mercy Petition is a plea for clemency filed by a convict seeking the commutation or pardon of their sentence.
   • Scope: It is typically addressed to the President of India or the Governor of the state, depending on the jurisdiction of the case.
   • Grounds: The petitioner may appeal for mercy on humanitarian grounds, such as age, health, or any other relevant factors.
   • Decision: The President or Governor has the discretion to accept or reject the mercy petition based on the merits of the case and after considering the recommendations of the concerned authorities.

Each of these petitions serves a distinct purpose within the legal framework of India, providing avenues for seeking justice, reviewing decisions, and appealing for clemency.

Review Petition Vs Curative Petition Vs Mercy Petition

Here’s a focused comparison between Review Petition, Curative Petition, and Mercy Petition in the Indian legal context:

1. Review Petition:
   • Purpose: A Review Petition is filed to seek a review of a final judgment or order passed by the Supreme Court or a High Court.
   • Scope: It is limited to challenging errors apparent on the face of the record or demonstrating a miscarriage of justice in the original judgment.
   • Grounds: The petitioner must show that there was an error in the judgment, such as a legal mistake or an oversight of facts, or that there has been a miscarriage of justice.
   • Decision: The court may grant a review petition if it finds sufficient grounds. However, review petitions are rarely granted and are considered only in exceptional circumstances.
2. Curative Petition:
   • Purpose: A Curative Petition is filed in the Supreme Court after the dismissal of a review petition, seeking to remedy a gross miscarriage of justice.
   • Scope: It is restricted to cases where there has been a violation of principles of natural justice or a glaring error that has resulted in a miscarriage of justice.
   • Grounds: The petitioner must demonstrate that there has been a serious error in the judgment that warrants reconsideration.
   • Decision: The Curative Petition is examined by a bench of the three senior-most judges of the Supreme Court. If it finds merit, a hearing may be scheduled, and the decision of the court is final and binding.
3. Mercy Petition:
   • Purpose: A Mercy Petition is a plea for clemency filed by a convict seeking the commutation or pardon of their sentence.
   • Scope: It is typically addressed to the President of India or the Governor of the state, depending on the jurisdiction of the case.
   • Grounds: The petitioner may appeal for mercy on humanitarian grounds, such as age, health, or any other relevant factors.
   • Decision: The President or Governor has the discretion to accept or reject the mercy petition based on the merits of the case and after considering the recommendations of the concerned authorities.

In summary, while Review Petition and Curative Petition are legal remedies within the judicial system to address errors or miscarriages of justice in court judgments, Mercy Petition is a separate process aimed at seeking clemency from the executive authority. Each petition serves a distinct purpose and follows specific procedures within the Indian legal framework.

Review Petition vs Curative Petition vs Mercy Petition

Here’s a concise comparison between Review Petition, Curative Petition, and Mercy Petition in the Indian legal system:

1. Review Petition:
   • Purpose: A Review Petition is filed to request a review of a final judgment or order passed by the Supreme Court or a High Court.
   • Scope: It aims to highlight errors apparent on the face of the record or demonstrate a miscarriage of justice in the original judgment.
   • Grounds: The petitioner must show legal errors or factual inaccuracies that warrant reconsideration of the judgment.
   • Decision: Review petitions are rarely granted and are considered only in exceptional circumstances where there is a genuine error or injustice in the original judgment.
2. Curative Petition:
   • Purpose: A Curative Petition is filed as a final recourse after the dismissal of a review petition, seeking to remedy a gross miscarriage of justice.
   • Scope: It is limited to cases where there has been a violation of principles of natural justice or a glaring error that has led to a miscarriage of justice.
   • Grounds: The petitioner must demonstrate significant legal or factual errors that have resulted in an unjust outcome.
   • Decision: Curative petitions are examined by a bench of the three senior-most judges of the Supreme Court. If the petition is found to have merit, a hearing may be scheduled, and the decision of the court is final and binding.
3. Mercy Petition:
   • Purpose: A Mercy Petition is a plea for clemency filed by a convict seeking the commutation or pardon of their sentence.
   • Scope: It is typically addressed to the President of India or the Governor of the state, depending on the jurisdiction of the case.
   • Grounds: The petitioner may appeal for mercy on humanitarian grounds, such as age, health, or other relevant factors.
   • Decision: The President or Governor has the discretion to accept or reject the mercy petition based on the merits of the case and after considering the recommendations of the concerned authorities.

In essence, while Review Petition and Curative Petition are legal remedies within the judicial system aimed at rectifying errors or miscarriages of justice in court judgments, Mercy Petition is a separate process directed towards seeking clemency from the executive authority. Each petition serves a distinct purpose and follows specific procedures within the Indian legal framework.