SC rejected curative petition of Mumbai serial bomb blasts convict Yakub Memon

It came into news after Mumbai serial bomb blasts convict Yakub Memon’s Curative Petition was rejected by the SC bench headed by Chief Justice HL Dattu on 21 July 2015.

Created On: Jul 22, 2015 13:00 ISTModified On: Jul 22, 2015 16:36 IST

Yakub Abdul Razak MemonCurative Petition: It is meant to ensure natural justice and to prevent abuse of process

Curative Petition came into news in fourth week of July 2015. It came into news after Mumbai serial bomb blasts convict Yakub Abdul Razak Memon’s Curative Petition was rejected by the Supreme Court’s bench headed by Chief Justice HL Dattu on 21 July 2015.

Memon had applied for curative petition after his review petition was rejected earlier by the SC upholding the death sentence to him. Memon, who is currently lodged in the Nagpur central jail, will be executed by hanging on 30 July 2015.

What is it?
Curative Petition is last legal recourse for a convict seeking reconsideration of punishment. It can be filed after a review plea against the final conviction is dismissed or rejected.

It is filed by a person/convict to establish that there was a genuine violation of principles of natural justice and fear of the bias of the judge and judgement that adversely affected him.

The curative petition is usually decided by judges in chamber, unless a specific request for an open-court hearing is allowed.

Supreme Court in its decision held that curative petitions must be rare rather than regular and be entertained with circumspection.

Background of Curative Petition

The concept of Curative petition was evolved by the Supreme Court 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 apex court in the 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.

The curative petition has to be circulated to the three senior most judges and the judges who delivered the impugned judgement, if available. No time limit is given for filing Curative petition.

Take Weekly Tests on app for exam prep and compete with others. Download Current Affairs and GK app

एग्जाम की तैयारी के लिए ऐप पर वीकली टेस्ट लें और दूसरों के साथ प्रतिस्पर्धा करें। डाउनलोड करें करेंट अफेयर्स ऐप

AndroidIOS

Related Stories

Comment (0)

Post Comment

9 + 3 =
Post
Disclaimer: Comments will be moderated by Jagranjosh editorial team. Comments that are abusive, personal, incendiary or irrelevant will not be published. Please use a genuine email ID and provide your name, to avoid rejection.

    Monthly Current Affairs PDF

    • Current Affairs PDF November 2021
    • Current Affairs PDF October 2021
    • Current Affairs PDF September 2021
    • Current Affairs PDF August 2021
    • Current Affairs PDF July 2021
    • Current Affairs PDF June 2021
    View all

    Monthly Current Affairs Quiz PDF

    • Current Affairs Quiz PDF November 2021
    • Current Affairs Quiz PDF October 2021
    • Current Affairs Quiz PDF September 2021
    • Current Affairs Quiz PDF August 2021
    • Current Affairs Quiz PDF July 2021
    • Current Affairs Quiz PDF June 2021
    View all