SC Junks Curative Pleas by Telecom firms on AGR dues

September 20, 2024

Indian Polity and Governance

The Supreme Court recently dismissed curative petitions filed by telecom service providers (TSPs), including Bharti Airtel and Vodafone Idea, regarding the computation of adjusted gross revenue (AGR) dues.

About Curative Petition

It was evolved in the Rupa Ashok Hurra vs. Ashok Hurra case (2002).
Purpose:To seek relief against a final judgment/order of the Supreme Court, even after the dismissal of a review petition.
Essential Conditions For Filing Curative Petition
- Post-Dismissal Filing: A curative petition is admissible subsequent to the dismissal of a review petition challenging the final conviction.
- Breach of Natural Justice: The petitioner must demonstrate that there was a violation of principles of natural justice, indicating a lack of opportunity to be heard by the court before the judgment was rendered.
Circulation to Senior Judges: The petition must initially be circulated to a Bench comprising the three most senior judges, along with the judges who sanctioned the concerned judgment if available. Only upon majority agreement for a hearing should it proceed before the same Bench.
Rarity of Filing: Filing a curative petition should be an exceptional rather than routine occurrence.
Appointment of Senior Counsel: During consideration of the petition, the Bench has the discretion to engage a senior counsel to provide assistance as an amicus curiae, or friend of the court.
Decision Process: Typically, the decision on the curative petition is made by the judges in chambers, unless there is a specific request for an open-court hearing
Constitutional Background:
- Article 137: Empowers the Supreme Court to review its own judgments.
- Article 142: Grants the Supreme Court the power to pass any decree or order to ensure justice is done.
Procedure: Petition circulated to a Bench of three senior-most judges and judges who passed the judgment.
- Listed before the same Bench if a majority of judges conclude it needs hearing.
- Amicus curiae may be appointed to assist the Bench.

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Aspect	Review Petition	Curative Petition
Definition	A legal remedy where a party seeks a review of the judgment given by the court.	A legal remedy used after a review petition is dismissed.
Purpose	To correct an apparent error in the judgment, such as factual or legal mistakes.	To rectify a serious miscarriage of justice or violation of natural justice even after review.
Grounds	Discovery of new evidence – Error apparent on the face of the record – Grave injustice	Violation of natural justice – No opportunity to be heard – Procedural flaws
Time Limit	Must be filed within 30 days of the judgment being delivered.	No fixed time limit
Bench Composition	Heard by the same bench that delivered the original judgment.	Decided by the senior-most judges and the judges who passed the original judgment.

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