Curative 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.
When: 21 July 2015