http://minnesotabred.com/2019/08/15/ Why in news? Central Government through its curative petition has contended Bhopal gas leak tragedy and sought additional funds from the pesticide company.
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What is Curative petition?
- It is the last chance available for the protection from the compensation of injustice in the court after the review petition is dismissed or has been exhausted.
- It is guaranteed under Article 137 which gives the power to Supreme Court to review of its own judgements and orders.
- It is a concept that evolved by the Supreme Court in the Rupa Ashok Hurra vs. Ashok Hurra and Anr in the question that whether an aggrieved person is entitled to any relief against the final judgement or order of the Supreme Court after the dismissal of a review petition.
Why was it necessary ?
- To prevent abuse of its process and to cure gross miscarriage of justice, it may reconsider its judgements in exercise of powers
What are the grounds?
- curative petition can be entertained if the petitioner establishes there was a violation of the principles of natural justice, and not heard by the court before passing an order.
- It will also be admitted where a judge failed to disclose facts that raise the apprehension of bias
What is the process?
- It is usually decided by judges in chamber, unless a specific request for an open-court hearing is allowed.
- A curative petition must be accompanied by certification by a senior advocate, pointing out substantial grounds for entertaining
- It must be first circulated to a bench of the three senior-most judges, and the judges who passed the concerned judgment, if available.
- Only when a majority of the judges conclude that the matter needs hearing should it be listed — as far as possible, before the same Bench.
- It shall be open to the Bench at any stage of consideration of the curative petition to ask a senior counsel to assist it as amicus curiae(is an individual or organization who is not a party to a legal case, but who is permitted to assist a court by offering information, expertise, or insight).
What is the main difference between the review petition and curative petition?
- The main difference is the fact that review petition is inherently provided in the constitution of India whereas the emergence of the curative petition is in relation with the interpretation of the review petition by the Supreme Court enshrined in article 137.