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About Curative Petition

Context:

Recently, Supreme Court told the Central Government that it cannot decide its curative plea seeking an additional Rs 7,844 crore from the successor firms of Union Carbide Corporation (UCC) for giving compensation to the victims of the 1984 Bhopal gas tragedy as a lawsuit.

Relevance:

GS II: Polity and Governance

Dimensions of the Article:

  1. About Curative Petition:
  2. Criteria for acceptance of a Curative Petition:
  3. Procedure for Hearing Curative Petitions:

About Curative Petition:

  • Background: The concept of curative petition originated from the case of Rupa Ashok Hurra Vs. Ashok Hurra and another case (2002) where the question arose before the court of law- ‘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?’.
  • Definition: A curative petition is the final and last option for people to acquire justice as mentioned and promised by the Constitution of India. It may be filed after a review plea against the final conviction is dismissed.
  • Objective: The objective of a curative petition is to ensure there is no miscarriage of justice and to prevent abuse of process.

Criteria for acceptance of a Curative Petition:

  • The petitioner must demonstrate that there was a violation of the principles of natural justice, and that they were not given a hearing before the court passed its order.
  • The court will also consider petitions where a judge failed to disclose facts that raise the apprehension of bias.
  • The Supreme Court has emphasized that curative petitions should be rare and considered with caution.
  • A curative petition must be accompanied by a certification from a senior advocate, outlining substantial grounds for its consideration.

Procedure for Hearing Curative Petitions:

  • A curative petition is initially circulated to a bench of the three senior-most judges, and the judges who passed the concerned judgment if they are available.
  • The matter will only be listed for hearing if a majority of the judges conclude that it requires further consideration.
  • The decision is usually made by judges in chambers, unless a specific request for an open-court hearing is granted.
  • The Bench may ask a senior counsel to assist as amicus curiae at any stage of consideration of the curative petition.
  • If the Bench determines that the petition is without merit and vexatious, it may impose exemplary costs on the petitioner.

Source: The Hindu


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