A curative petition is a legal remedy available in Indias legal system that allows a petitioner to seek protection from injustice in court after a review petition has been dismissed or exhausted. It is a concept that has been devised by the Supreme Court of India to prevent abuse of its process and to cure gross miscarriage of justice. The curative petition is different from a review petition in that it is not inherently provided in the Constitution of India, but rather emerged from the interpretation of the review petition by the Supreme Court.
To file a curative petition, the petitioner must specifically aver that the grounds mentioned therein had been taken in the review petition filed earlier and that it was dismissed by circulation, which must be certified by a senior advocate. The curative petition is then circulated to the three most senior judges and to the judges who delivered the impugned judgement if available. There is no time limit for filing a curative petition, and it is guaranteed under Article 137 of the Constitution of India, which gives the power to the Supreme Court to review its own judgements and orders.
To entertain a curative petition, the Supreme Court has laid down specific conditions, including that the petitioner must show that there was a violation of the principles of natural justice, and that the judgement was passed without giving the petitioner an opportunity to be heard.
Curative petitions are the final remedy where the Supreme Court of India can reconsider a dismissed review petition. They may be filed after a review plea against the final conviction is dismissed, and are meant to ensure that there is no miscarriage of justice.
In summary, a curative petition is a legal remedy available in Indias legal system that allows a petitioner to seek protection from injustice in court after a review petition has been dismissed or exhausted. It is different from a review petition and has specific conditions that must be met for it to be entertained by the Supreme Court of India.
