SC Junks Curative Pleas by Telecom firms on AGR dues

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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