Exam Time Synopsis:
|What is Curative Petition?||A curative petition may be filed after a review plea against the final conviction is dismissed.|
|Origin of Curative Petition||evolved by the Supreme Court in the Rupa Ashok Hurra Vs. Ashok Hurra and Anr. Case (2002)|
|What Constitution says?||no explicit mention of Curative Petition in the Constitution of India.
Article 137 provides for the review power of SC over its own judgments.
SC has clarified that the Court’s curative power derives from Article 142 of the Constitution, which grants the Court the power to do justice.
|What SC says about Curative Petition?||a curative petition can be entertained if- a violation of the principles of natural justice, and that he was not heard by the court before passing an order.
judge failed to disclose facts that raise the apprehension of bias.
curative petitions must be rare rather than regular.
not governed by the provisions of the Limitations Act.
|Mercy Petition Vs. Review Petition Vs. Curative Petition||Review Petition– A review petition can be filed by the parties aggrieved by the decisions of Supreme Court under Article 137.
Mercy Petition– under Article 72 or 161, not treated on legality rather mercy.
Curative petition– filed after a review plea against the final conviction is dismissed.
|Conditions||Review petition rejected. New evidence/ arguments found which were not presented earlier before court. Allegation of biasness from judge’s side. Certified by the senior-most lawyer. Circulated to the three senior most judges and the judges who delivered the impugned judgement and accepted by them.|
|Rejection of Curative Petition||In the event of the Bench holding at any stage that the petition is without any merit, it may impose a penalty on the petitioner.
When no new evidence found, it can be rejected.
No finding of biasness.
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