Context:
The Supreme Court will hear a curative petition filed by the Airports Authority of India (AAI) against the multinational conglomerate GMR Group concerning the operational management of Nagpur’s Babasaheb Ambedkar International Airport.
What Is A Curative Petition?
- Following the dismissal or utilization of a review petition, individuals can request the court to reevaluate and amend its decision, through a process known as a curative petition.
Origins and Procedure of Curative Petition
- Background: The concept of the curative petition evolved through the landmark case of Rupa Ashok Hurra Versus Ashok Hurra & another, [2002], where the Supreme Court of India deliberated on whether an aggrieved party could seek relief against the final judgment even after the dismissal of a review petition.
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Objectives of Curative Petition
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- It is to avoid gross miscarriage of justice.
- And to prevent the abuse of the judicial process.
Legal Maxim:
- The Latin maxim “Actus Curiae Neminem Gravabit” is invoked by the court, signifying that its actions should not prejudice any party.
- The court is obligated to ensure no party’s interests are harmed, especially when correcting its own errors.
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- Filing Requirements: In a curative petition,
- the petitioner must explicitly state that the grounds were previously raised in the review petition, which was dismissed.
- Under Article 137 endorses the concept of curative petition.
- It provides that in the matter of rules and laws created under article 145,the Supreme Court has the superpower to review any judgment pronounced/ order passed by it.
- It must be filed within 30 days of the judgment or order.
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.
How Is It Different From A Review Petition?
Review Petition
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Curative Petition
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- A review petition permits a reexamination of a binding decision by the Supreme Court.
- It is filed when there are evident errors in any order of the Supreme Court.
- The purpose is to rectify such errors without initiating a fresh evaluation of the case.
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- In contrast, a curative petition serves as a final recourse.
- If a party remains dissatisfied even after a review petition, they may opt for a curative petition to seek a revision of the court’s decision or judgment.
- Unlike review petitions, curative petitions typically do not involve open-court hearings.
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Conclusion:
Generally, Supreme Court decisions are final and cannot be appealed within the court. The avenues like review and curative petitions exist for aggrieved parties to seek redressal to ensure impartiality in the judicial system and correct any potential misconceptions in Supreme Court judgments.
News Source : The Hindu
February 10, 2024