What is a curative petition?

Answer By law4u team

A curative petition is a special legal remedy available in the Indian judicial system to prevent miscarriage of justice after all other appeals and reviews have been exhausted, particularly in the Supreme Court. Here is a detailed explanation: 1. Purpose of a Curative Petition A curative petition is filed to review a final judgment or order of the Supreme Court when there is an alleged violation of the principles of natural justice or a glaring error that was overlooked even after the review petition was dismissed. It is considered a rarest of rare remedy and is meant to cure gross miscarriage of justice. 2. Origin and Legal Basis The concept of the curative petition was evolved by the Supreme Court itself through its judgment in Rupa Ashok Hurra vs. Ashok Hurra (2002). It is not explicitly mentioned in any statute but is treated as an extension of the Review Petition under Article 137 of the Constitution. 3. When Can It Be Filed? Only after the Review Petition against a Supreme Court judgment or order has been dismissed. When the petitioner believes there is a violation of principles of natural justice (e.g., the party was not heard) or the judgment suffers from an error so gross that it causes grave injustice. 4. Procedure for Filing The petition must be filed before the same bench or a larger bench of the Supreme Court that passed the original judgment. The petitioner must make a certificate of urgency stating the grounds on which the curative petition is filed. The petition is circulated to the other party and the Attorney General or Solicitor General, who may present their views. The petition is considered only if it meets strict criteria; frivolous petitions are dismissed summarily. 5. Importance and Limitations The curative petition does not confer a new right but is a judicial mechanism to correct fundamental errors. It is the last judicial remedy after all other options like appeal and review are exhausted. It is rarely entertained to maintain the finality of Supreme Court decisions. Summary: A curative petition is a last-resort legal remedy filed in the Supreme Court after dismissal of a review petition to correct gross miscarriage of justice or violation of natural justice, ensuring fairness while preserving judicial finality.

Answer By Ayantika Mondal

Dear Client, A curative petition is a unique kind of petition presented in the Supreme Court of India as the last resort to obtain justice following the dismissal of a review petition. It gives a person the opportunity to ask the Court to reconsider its final order to avoid a grave miscarriage of justice. It is only permitted in exceptional circumstances where the petitioner can demonstrate that there was a serious breach of natural justice principles, for example, having not been adequately heard or in the event of judgment having been coloured by bias. It is determined by the same judges who issued the initial judgment, and generally without open court hearings. For submission of a curative petition, the petitioner also needs to obtain certification from a senior advocate that there are solid and exceptional reasons. These petitions are entertained very rarely and they are employed only in extremely exceptional and serious cases. I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.