Dear Yuvians,
Good news for us.
The final lap of our race is begun. The process of Curative Petition is
begun. The diary number of Curative Petition is turned into the registered
number. Now, the Curative Petition is officially registered and the debate
will
start soon.
The
concept of Curative
petition was evolved by the Supreme
Court of India in the matter of Rupa Ashok Hurra vs. Ashok Hurra and Anr. (2002)
where
the question was whether an aggrieved person is entitled to any relief against
the final judgement/order of the Supreme Court, after dismissal of a review petition. The Supreme Court in the said case held that in
order to prevent abuse of its process and to cure gross miscarriage of justice,
it may reconsider its judgements in exercise of its inherent powers. For this
purpose the Court has
devised what has been termed as a "curative" petition. In the
Curative petition, the petitioner is required to aver specifically that the
grounds mentioned therein had been taken in the review petition filed earlier
and that it was dismissed by circulation. This has to be certified by a senior advocate. The
Curative petition is then circulated to the three senior most judges and the
judges who delivered the impugned judgement, if
available. There should
be an open court hearing so that we may come to know what is taking place. The screenshot of our registered number of Curative Petition is attached below :
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