What is curative petition?

Answer 1

The concept of Curative petition was evolved by the Hon'ble Supreme court in the matter of Rupa Ashok Hurra vs.Ashok Hurra(2002)4SCC338 where the question was whether an aggreived person is entitled to any relief against the final judgment/order of the Supreme Court,after dismissal of a review petition.The Supreme Court in the said case held that in order to prevent abuse of its process and to cure gross miscarriage of justice,it may reconsider its judgments in exercise of its inherent powers.For this purpose the Court has devised what has been termed as a "curative" petition.In the Curative petition,the petitioner is required to aver specifically that the grounds mentioned therein had been taken in the review petition filed earlier and that it was dismissed by circulation.This has to be certified by a senior advocate.The Curative petition is then circulated to the three senior most judges and the judges who delivered the impugned judgment,if available. The five-judge Constitution Bench comprising Chief Justice SP Bharucha, Justice Syed Mohammad Quadri, Justice UC Banerjee, Justice SN Variava and Justice Shivaraj V Patil passed the judgment