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Curative Petition
Context:
The Supreme Court has dismissed curative petitions seeking a review of its 2019 judgement on adjusted gross revenue (AGR) owed by telecom companies, stating that no “case is made out within the parameters” established by the court to justify such a petition.
When and how did curative petitions come to exist?
- Curative petitions were introduced by the Supreme Court in 2002 in the landmark case of Rupa Ashok Hurra vs Ashok Hurra.
- The curative petition was devised as a judicial tool to correct gross miscarriages of justice in the Court’s final judgments.
When can a curative petition be filed?
- According to the Ashok Hurra case, a curative petition can be filed when there is a violation of the principles of natural justice, bias on the part of the presiding judge, or abuse of the legal process.
- While these are the primary grounds, the petition is meant to be considered only in rare circumstances to avoid frivolous litigation.
- As per Order 48 of the Supreme Court Rules, enacted in 2013, a curative petition must include a certificate from a Senior Advocate affirming that the necessary conditions for filing the petition have been met.
What are some recent cases where curative petitions were accepted?
- One notable instance is the reopening of the Bhopal gas tragedy case through a curative petition, which led to significant legal changes regarding industrial liability and compensation.
- Another important case involved the Delhi Metro Rail Corporation (DMRC), where a curative petition overturned an arbitral award of around ₹8,000 crore.
- This case had a major impact on public infrastructure contracts and dispute-resolution mechanisms in India.
Why are most curative petitions not accepted by courts?
- Curative petitions represent the third and final stage in Supreme Court proceedings, after a special leave petition (SLP) and a review of the SLP decision.
- Due to this, such petitions are typically accepted only in rare and exceptional cases, ensuring they are not used to prolong legal battles unnecessarily.
