After an appeal is disposed off, aggrieved person can file Review Petition under Art.137 of Constitution of India.
The review is posted before same judges so far as practicable. If some judge has retired, it goes before some other judges.
If the review is dismissed, then what?
A procedure called "Curative Petition" is evolved by Supreme Court. The aim of Curative Petition is to cure if there is still some injustice.
A curative petition is required to be certified by some Designated Senior Advocate, certifying that the case involves some serious questions which need consideration of Court.
Curative Petition is then circulated before 5 Judges who are senior to judges who passed the order. This may include 2 or 3 original judges who way have dismissed case.
An Example :
I remember a case which was listed before Court No.3.
The matter was heard. Acquittal was reversed. Conviction made.
The convicted people filed Review Petition which was dismissed.
Then they file Curative petition.
The Curative petition was heard by 4 judges. They reversed the order on the main grounds that 1) That day matter was shown in cause list as incomplete matter. 2) The Junior advocate was not ready. He pleaded time to engage a Senior Advocate. Time was not given. The right of petitioners to be heard by a lawyer of their choice was violated.
Haresh Raichura
1054
