Curative petition: Justice’s last resort

India Today

Six years after the Ayodhya verdict, calls for a curative petition have reignited debate on one of India’s rarest judicial remedies.

Transcript

00:00These are not occasions where you cut deals with the judiciary.

00:03Six years after the Ayodhya Ram Mandir Babri Masjid verdict,

00:06an interview of former Chief Justice D.Y. Chandrachood

00:09has led to demands that a curative petition be filed in that case.

00:13Professor G. Mohan Gopal, former Director of the NLS Bangalore,

00:17said that the remarks may give enough grounds to file a curative petition.

00:21But what is a curative petition?

00:23A curative petition is the final constitutional recourse available

00:32after an appeal and review petition has been dismissed by the Supreme Court.

00:36While the Constitution per se does not explicitly mention this kind of petition,

00:41the Supreme Court established this remedy in 2002

00:44through a landmark judgment in Rupa Ashok Hurra v. Ashok Hurra.

00:48Now this, remember, is a mechanism to correct any glaring errors

00:52that could lead to a miscarriage of justice.

00:55The court drew from its powers under articles 137, 129 and 142 of the Constitution

01:00which allow it to do complete justice.

01:03And the bench has laid down extensive guidelines

01:05for how such a plea can be filed.

01:07Curative petitions are heard in chambers, not ordinarily in open court.

01:12But they can be if the judges agree.

01:14Typically, the three senior most judges of the Supreme Court

01:17and the judges who pass the verdict examine these petitions

01:20and then take a call on whether it needs to be re-heard.

01:24And it can only be done on very limited grounds.

01:27First, of course, is the violation of principles of natural justice.

01:31That means that the petitioner was not heard on some specific legal point.

01:35Then, discovery of new or important evidence

01:38that was not available during the original proceedings.

01:41A precedent error that is grave and fundamental.

01:44Or allegations of bias or malified against a judge who participated in the decision.

01:49But one must demonstrate that the earlier verdict was based on that fundamental error

01:55which led to a significant miscarriage of justice.

01:58Additionally, a certificate from a senior advocate is mandatory

02:01when such a petition is filed, confirming that it is not a frivolous plea.

02:06And over the years, curative petitions over the years have been filed in high-profile cases

02:11such as the Nirbhaya case, the 1993 Mumbai bomb blast case

02:15and the Bhopal gas tragedy compensation issue.

02:18In some instances, these petitions have been dismissed

02:21while in some others, they have led to significant judicial reconsiderations.

02:26However, curative petitions are not a tool for re-arguing a case.

02:30In fact, in the Bhopal gas tragedy case,

02:33the Supreme Court restricted this kind of plea

02:35for when there is a gross miscarriage of justice, fraud or suppression of material facts.

02:42In essence, curative petitions serve as a safety net

02:45ensuring that the Supreme Court's decision upholds the principles of justice and fairness.

Category

Transcript

Be the first to comment

Recommended