Curative Petition and Review Petition
- In India, a binding decision of the Supreme Court/High Court can be reviewed in a review petition.
- A review petition can be filed by the parties aggrieved by the decisions of Supreme Court.
- As per Article 137 of the Constitution of India and the rules made under Article 145, the Supreme Court of India has the power to review its judgment pronounced by it.
- As per Supreme Court rules, 1966 such a petition is to be filed within 30 days of the pronouncement of judgment or order and that petition should be circulated without oral arguments to the same bench that delivered the judgment.
- Furthermore, if a review petition is dismissed by the Supreme Court, it may consider a curative petition filed by the petitioner so as to prevent abuse of process.
- In accordance with Order XVII, Rule1(1) of Code of Civil Procedure, 1908, a civil review petition can be moved.
- While a criminal review petition can be filed only on the ground of error apparent on the face of record.
- The Supreme court of India evolved the concept of curative petition in the landmark case of Rupa Ashok Hurra vs. Ashok Hurra and Anr. (2002) where a question was raised that whether an aggrieved person is entitled to any relief against the final order/judgment of the Supreme court after dismissal of review petition.
- In this case it was held by the Supreme court that so as to prevent abuse of process as well as to cure miscarriage of justice, it may reconsider its judgments.
- The court has devised a term ‘curative’ for this purpose.
- The petitioner is required to aver specifically that the grounds mentioned that had been taken in the review petition filed earlier and also it was dismissed by circulation.
- A curative petition is required to be certified by a senior advocate and then it is circulated to the three senior most judges and the judges who delivered the impugned judgment.
- There is no time limit for filing a curative petition and it is guaranteed under Article 137 of the Constitution of India.
The Supreme court has laid down specific conditions in order to entertain curative petition which are as follows:
- It has to be established by the petitioner that there was a genuine violation of principles of natural justice.
- It shall be specifically stated in the petition that the grounds mentioned had been taken in the petition and that it was dismissed by circulation.
- The curative petition shall be certified by a senior advocate.
- The curative petition is then circulated to the three senior most judges and also to the judges who passed the impugned judgment.
- If majority of the judges agree that the matter needs hearing, then it would be sent to the same bench.
- Exemplary costs could be imposed by the court to the petitioner if his plea lacks merit.
In the context of Indian Judicial System, Mercy Petition is the last resort.
- When a person has lost all the remedies available to him/her under all the prevailing laws as well as under the Constitutional remedies, he may file a mercy petition before the President of India under Article 72 of the Indian Constitution or the Governor of the state under Article 161 of the Indian Constitution.
- Then the petition of his will be treated on mercy not on the legality of the case.
- In accordance with Article 72 of the Indian Constitution, President is empowered to reprieve, respite or remit punishment pronounced by the Apex court i.e. the Supreme court of India.
- However, the power to grant pardon is not discretionary as any decision is reached by consulting with the council of masters.
- President Ram Nath Kovind said that rape convicts under the Protection of Children from the Sexual Offences Act (POCSO) should not be allowed mercy petition.
- According to him, “Women safety is a serious issue and rape convicts under POCSO should not be allowed to file mercy petitions.