September 7, 2013

What is Curative Petition(Review Hearing by 5 SC Judges)? Explained.

What is Curative Petition(Review Hearing by 5 SC Judges)? Explained.

Supreme Court is last court. There is no appeal anywhere against its judgements.

The Judges sit in minimum benches of Two judges.

Suppose they pass a wrong order. Then what's remedy? A review petition before same judges is circulated before the same judges.

Suppose they refuse to change their order and dismiss review petition. Then what remedy?

Then there is a new Procedure invented by Judges. This is called Curative Petition. There is no provision in constitution for filing such petition. But in Roopa Hurra Cases, judges laid down procedure for such curative petition.

A party whose review petition is also dismissed, can now move Curative Petition before 5 Senior Judges of Supreme Court.

This is called Curative Petition.

Haresh Raichura
7/9/13