A Curative Petition is a unique legal remedy available in certain jurisdictions, including India, to rectify miscarriages of justice and address final judgments that may have been rendered unfairly. It serves as a last resort for individuals seeking redress after exhausting all other legal avenues. Unlike regular appeals, a Curative Petition is not a matter of right but is rather discretionary and requires special leave from the court. It aims to correct grave errors that may have occurred due to violations of fundamental rights or principles of natural justice, ensuring that justice is upheld even after the conclusion of regular judicial proceedings. This extraordinary legal mechanism embodies the principle that justice should prevail above all else, even in the face of seemingly conclusive judgments.
Tags: GS Paper – 2 Indian Constitution – Judiciary
For Prelims: Supreme Court of India, Curative Petition, Contempt of Court, Article 145 of the Indian Constitution
For Mains: Special Powers of the Supreme Court of India, Curative Petition and its Significance.
Context:
- Employing its “extraordinary powers,” the Supreme Court of India utilised a curative petition to reverse its earlier ruling dated 2021.
- This reversal nullifies an arbitral award amounting to nearly Rs 8,000 crore, which directed the Delhi Metro Rail Corporation (DMRC) to compensate Delhi Airport Metro Express Private Limited (DAMEPL), helmed by Reliance Infrastructure Ltd-consortium.
Curative Petition:
- Definition: A curative petition is a legal avenue accessible subsequent to the rejection of a review plea following a final conviction.
- Constitutionally, the Supreme Court’s conclusive verdicts are ordinarily challengeable solely through a review petition, primarily on procedural grounds. However, the curative petition serves as an infrequently employed legal mechanism to rectify severe miscarriages of justice.
- Objective: Its purpose is to prevent injustices and discourage the misuse of legal procedures.
- Decision Process: Typically, curative petitions are deliberated by judges in chambers, although public hearings may be granted upon specific request.
- Legal Basis: The foundational principles for curative petitions were established by the Supreme Court in the case of Rupa Ashok Hurra Vs Ashok Hurra & another Case, 2002.
Criteria for Considering a Curative Petition:
- Breach of Natural Justice: It must be demonstrated that there was a violation of fundamental principles of justice, such as the petitioner not being afforded an opportunity to be heard before the court issued an order.
- Apprehension of Bias: It may be entertained if there are reasons to suspect bias on the part of the judge, such as the failure to disclose pertinent facts.
Guidelines for Submitting a Curative Petition:
- Certification by Senior Advocate: The petition must be accompanied by a certification from a senior advocate, outlining substantial grounds for its consideration.
- Initial Assessment: Initially, it is reviewed by a bench consisting of the three most senior judges, along with the judges who delivered the original judgement, if available.
- Hearing: It is listed for deliberation only if a majority of the judges deem a hearing necessary, preferably before the same bench that delivered the initial verdict.
- Role of Amicus Curiae: The bench may appoint a senior counsel to assist as amicus curiae at any stage of the curative petition’s consideration.
- Cost Implications: If the bench determines that the petition lacks merit and is vexatious, it may impose significant costs on the petitioner.
- Judicial Discretion: The Supreme Court underscores that curative petitions should be rare and approached with caution to uphold the integrity of the judicial process.
What is Delhi Metro Rail Corporation Ltd. v Delhi Airport Metro Express Pvt. Ltd. Case, 2024?
Background:
- In 2008, DMRC joined forces with DAMEPL to construct, operate, and maintain the Delhi Airport Metro Express.
- Disputes arising from safety concerns and operational issues prompted DAMEPL to terminate the agreement in 2013.
- Subsequent legal battles resulted in an arbitration panel ruling favouring DAMEPL, instructing DMRC to pay nearly Rs 8,000 crore.
- However, the Delhi High Court mandated DMRC to deposit 75% of the amount in an escrow account. This decision was challenged by the government, leading to its reversal in DMRC’s favour in 2019.
- DAMEPL then appealed to the Supreme Court, which initially upheld the arbitral award in 2021.
Judgement:
- The recent Supreme Court ruling favoured DMRC, citing a “fundamental error” in its previous judgement.
- This decision’s significance lies in its emphasis on the importance of curative petitions, clarification of legal frameworks for public-private partnerships in infrastructure projects, and the court’s commitment to rectifying errors and ensuring justice, even years after a final verdict.
Other Cases Related to Curative Petition:
Union of India v Union Carbide Case (Bhopal Gas Tragedy):
- The Union Government lodged a curative petition in 2010 seeking increased compensation for the victims of the Bhopal Gas Tragedy. However, in 2023, a 5-judge Bench dismissed the petition, asserting that the previously determined compensation sufficed.
- The Bench underscored that a curative petition merits consideration solely in cases involving significant miscarriage of justice, fraud, or concealment of material facts, none of which were evident in this instance.
Navneet Kaur v State of NCT of Delhi Case, 2014:
- This case brought about a paradigm shift in capital punishment proceedings. The petitioner, facing a death sentence, successfully argued via a curative petition that mental illness and an unreasonably prolonged wait for a mercy petition warranted commuting the sentence to life imprisonment.
The Special Powers of the Supreme Court of India:
Dispute Resolution:
- Article 131 of the Indian Constitution confers upon the Supreme Court exclusive original jurisdiction in disputes involving legal rights between the Government of India and one or more States, or between States themselves.
Discretionary Jurisdiction:
- Article 136 of the Indian Constitution empowers the Supreme Court to grant special leave to appeal from any judgement, decree, or order issued by any court or tribunal in India.
- However, this authority does not extend to matters adjudicated in military tribunals and court-martials.
Advisory Jurisdiction:
- The Supreme Court exercises advisory jurisdiction pursuant to Article 143 of the Constitution, where the President of India may seek the Court’s opinion on specific matters.
Contempt Proceedings:
- Articles 129 and 142 of the Constitution bestow upon the Supreme Court the power to penalise for contempt of court, including contempt of the Court itself, either on its own initiative or upon petition by the Attorney General, Solicitor General, or any individual.
Review and Curative Powers:
- Article 145 authorises the Supreme Court, with the President’s approval, to establish rules governing the practice and procedure of the Court.
- These rules encompass various aspects, including regulations for practitioners before the Court, appellate procedures, enforcement of rights, and consideration of appeals.
- Additionally, these rules cover procedures for reviewing judgments, determining costs, granting bail, halting proceedings, and conducting inquiries.
UPSC Civil Services Examination, Previous Year Question (PYQ)
Prelims
Q:1 With reference to the Indian judiciary, consider the following statements: (2021)
- Any retired judge of the Supreme Court of India can be called back to sit and act as a Supreme Court judge by the Chief Justice of India with the prior permission of the President of India.
- A High Court in India has the power to review its own judgement as the Supreme Court does.
Which of the statements given above is/are correct?
- 1 only
- 2 only
- Both 1 and 2
- Neither I nor 2
Ans: (c)
Mains
Q:1 Critically examine the Supreme Court’s judgement on ‘National Judicial Appointments Commission Act, 2014’ with reference to the appointment of judges of higher judiciary in India. (2017)
Source: IE
FAQs
Q: What is a Curative Petition?
A Curative Petition is a legal remedy available in certain jurisdictions, including India, aimed at rectifying a gross miscarriage of justice. It is the last judicial resort available for redressal of grievances. It is only allowed in cases where a final judgment of the Supreme Court has been passed, and the petitioner discovers new grounds or evidence that were not presented during the original proceedings.
Q: Who can file a Curative Petition?
Typically, only the parties aggrieved by the final judgment of the Supreme Court can file a Curative Petition. However, the petitioner must demonstrate that the issue involved is of paramount importance and that there has been a clear violation of natural justice. Moreover, the petitioner must prove that the grounds raised in the petition were not considered during the original proceedings.
Q: What are the grounds for filing a Curative Petition?
The grounds for filing a Curative Petition include violation of principles of natural justice, infringement of fundamental rights, or glaring errors apparent on the face of the record. The petitioner must establish that the issue raised is of significant constitutional importance and that the judgment suffers from an error so grave that it deserves reconsideration.
Q: What is the procedure for filing a Curative Petition?
The procedure for filing a Curative Petition involves several steps. Firstly, the petitioner must obtain permission from the senior advocate on record who argued the case. Then, the petition is filed before the same bench that delivered the judgment, along with a certification from the senior advocate on record. The bench may then decide to hear the petition if it satisfies the threshold requirements.
Q: What is the outcome of a Curative Petition?
The outcome of a Curative Petition can vary. If the Supreme Court finds merit in the petition, it may proceed to hear the matter afresh and may even modify or overrule its earlier judgment. However, if the court finds the petition devoid of merit, it may dismiss it. It’s essential to note that the decision of the Supreme Court in a Curative Petition is final and binding.
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