The Requirement To File A Certificate Of A Senior Advocate Along With A Curative Petition Mandatory

KEY TAKEAWAYS

• The name of the case related to this judgment is Rajesh Jha V. State of Uttar Pradesh.
• The coram included Justice Hima Kohli.
• In this case, the Apex Court held that it is mandatory to file a certificate along with the curative petition for a senior advocate.
• The Supreme Court Rules were followed while passing this judgement by the Court.

BACKGROUND

• Convict Rajesh Jha had filed a curative petition through the Jail Superintendent in Ghaziabad, Uttar Pradesh.
• When the curative petition was inspected it was found that the petition was not accompanied by the required mandatory certificate of the Senior Advocate.
• The convict had applied for exemption of furnishing the said mandatory certificate instead of the certificate of the Senior Advocate.
• The convict had also filed for a grant of bail petition till the curative petition was adjudicated.
• The matter was sent to the Supreme Court Legal Service Committee (SCLSC) since the nature of the petition was a jail petition in the form of curative.
• The SCLSC forwarded a letter by the Senior Advocate stating that among other things, there is no such ground available for filing a curative petition.

COURTS OBSERVATION AND ORDERS

• The Supreme Court observed that it is mandatory for a curative petition to be accompanied by the certificate of the senior advocate.
• In Rupa Ashok Hurra V. Ashok Hurra, the Court had observed in its judgement that the curative petition shall include the certificate of the Senior Advocate. The grounds were to bestated which was taken in the review petition and it was dismissed by circulation.
• The Supreme Court while giving the judgement referred to The Order XLVIII of the Supreme Court Rules, 2013 which was read as follows:

1. The judgement which was given by the Court in the case of Rupa Ashok Hurra V. Ashok Hurra shall govern a curative petition.
2. The petitioner shall also mention the grounds in the curative petition which was taken in the review petition. A curative petition should be accompanied by the certificate of the Senior Advocate.
3. It should be a certificate on Record to the effect that it is a curative petition first in the challenging case.
4. The curative petition needs to be filed within a time frame from the date of judgement or order passed by the Court.
5. The Curative petition shall be communicated first to a Bench of three senior-most judges and the judges who passed the judgement with complaints if available. The court can dispose of the communication without any oral arguments, unless any order of the Court. The petitioner may provide an appendix by additional written arguments in the petition.

QUESTIONS
To what extent is the idea of a curative petition reasonable?
What do you think is the reason behind the requirement of a mandatory certificate of senior officer along with the curative petition?
Let us know your views on the issue in the comment section below!