Curative petition

good question

It is inherent jurisdiction of Supreme Court. In curative petition the petitioner is required to aver specifically the grounds mentioned therein had been taken in the review petition filed earlier and that it was dismissed by circulation.This has to be certified by a senior advocate.The curative petition is then 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. You can know details about the curative petition by reading the Rupa Ashok Hurra vs.Ashok Hurra(2002)4SCC338 Copy of this judgment is available at https://www.indiankanoon.org/doc/1580952/

many many thanks to mr democratic indian.

thanks for the answer mr. democratic indian. so basically u r saying that there is no express statutory provision as to curative petition. it is a judge made law & finds its source from the rupa ashok hurra case. still the inherent jurisdiction of supreme court comes under which article of the constitution?

Just as the Right to Keep and Bear Arms is not explicitly guaranteed under our Constitution like the 2nd Amendment in US Constitution, it does not mean it is not guaranteed. We have to derive that RKBA is guaranteed by our Constitution since Constitution cannot say that fundamental right of self defense has to be done with bare hands only. I have tried to explain this at https://www.lawyersclubindia.com/forum/RKBA-guaranteed-under-Articles-19-and-21-of-Constitution-36011.asp

Similarly Supreme Court cannot say that its doors are closed for persons facing injustice merely because technical possibilities have been exhausted, hence the inherent jurisdiction of Supreme Court. There are various Articles of Constitution which point to this inherent power of Supreme Court. Since as per Article 129 Supreme Court is a court of record, it follows that it can undo injustice to any party resulting from its own judgments. Article 137 read with Section 114 CPC, Order XLVII Rules 1 and 6 of Supreme Court Rules 1966(made under Article 145) and Article 142 indicate that Supreme Court has inherent powers to set right its own judgment in interest of justice.

Dear All,

As far as my knowledge, C/P was filed in Hon'ble SC by UOI as parens patriae of the victims in Bhopal Gas Tragedy seeking enhancement of compensation determined by Hon'ble SC as reported in (1989) 1 SCC 674  r/w  (1989) 3 SCC 38 and (1989) 3 SCC 584. The UOI filed this C/P under Bhopal Gas Leak Diasater (Processing of Claims) Act, 1985.

Remaining has been opined above by others.

Trust this would suffice.

Rabin Majumder
Advocate-on-Record
Supreme Court of India

Is there a prescribed format for filing a Curative petition once the Review Petition filed against the dismissal of the PIL Writ Petition has also been dismissed? If yes, a sample model format would be appreciated!

Please read details about curative petition on page 17 of this Supreme Court Handbook https://supremecourtofindia.nic.in/handbook3rdedition.pdf Basically it means that if a Senior Advocate certifies that your case meets the requirements as laid down by Supreme Court in the case of Rupa Ashok Hurrah vs. Ashok Hurrah 2002 (4) SCC 388, Supreme Court may entertain the curative petition and reconsider its judgment/order.

I had already perused that . What I wanted was a format of the Petition. A sample model.