Context:
SC quashes ₹7687-crore arbitral award against DMRC’s DAMEPL
Curative Petition:
- Final and last option for the people to acquire justice
- A curative petition may be filed after a review plea against the final conviction is dismissed.
- First evolved in – Rupa Ashok Hurra vs. Ashok Hurra case (2002)
- Objective – To ensure there is no miscarriage of justice, and to prevent abuse of process.
- Constitutional background – Supported by Article 137 of the Indian Constitution
- It provides that under Article 145, the Supreme Court has the power to review any judgement pronounced (or order made) by it.
- Such a petition needs to be filed within 30 days from the date of judgement or order.
- Criteria for admission –
- If the petitioner establishes there was a violation of the principles of natural justice, and that he was not heard by the court before passing an order.
- It will also be admitted where a judge failed to disclose facts that raise the apprehension of bias.
- Hearing of Curative Petitions –
- It must be first circulated to a bench of the three senior-most judges, and the judges who passed the concerned judgment, if available.
- Only when a majority of the judges conclude that the matter needs hearing should it be listed before the same Bench.
- The Bench at any stage of consideration of the curative petition can ask a senior counsel to assist it as amicus curiae.
- A curative petition is usually decided by judges in chamber, unless a specific request for an open-court hearing is allowed.
- Rejection – In the event of the Bench holding at any stage that the petition is without any merit, it may impose penalty on the petitioner.
Source: The Indian Express
Previous Year Question
With reference to India, consider the following statements:
1. Government law officers and legal firms are recognised as advocates, but corporate lawyers and patent attorneys are excluded from recognition as advocates.
2. Bar Councils have the power to lay down the rules relating to legal education and recognition of law colleges.
Which of the statements given above is/are correct?
[UPSC Civil Service Exam – 2022 Prelims]
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Answer: (b)
Explanation:
Corporate lawyers and patent attorneys are also recognised as advocates.
