Today (27th February) the Supreme Court of India has issued new guidelines concerning the handling of curative petitions. This move is designed to ensure that petitions seeking a re-examination of final judgments are not dismissed without due consideration, particularly on procedural grounds.
A bench comprising Justices Aniruddha Bose and Sudhanshu Dhulia underscored the importance of the registry following a specific procedure: they should seek instructions from the judge in chambers and then relay those instructions to the concerned party.
The Court’s directive emphasizes the importance of due process and the right to a fair hearing. It stated,
“the applicant must pray for an exemption from complying with Rule 2(1) of Order XLVIII of the Supreme Court Rules 2013 and specifically request that the matter be presented before the chamber judge for proper guidance.”
This instruction is crucial for petitioners seeking relief through curative petitions, as it outlines the procedural requirements for such petitions to be considered by the Court.
Curative petitions serve as a final recourse for those seeking a review of the Supreme Court’s judgments, intended to prevent miscarriage of justice and correct any gross miscarriage. The Court further clarified the procedural intricacies involved in filing such petitions, noting,
“the petitioner in the curative petition has to specifically state that the grounds mentioned in the curative petition were taken in the review petition as well and that it was dismissed.”
This requirement ensures that the curative petition process is not misused and is reserved for cases where a significant oversight or error in judgment is believed to have occurred.
Moreover, the Supreme Court provided guidance on the circulation of curative petitions among the judiciary, stating,
“the curative petition should be circulated among the judges who had participated in the review petition proceedings and the delivery of the original judgment provided they are still in office.”
This ensures that those judges who are already familiar with the case’s nuances are involved in the decision-making process, thereby enhancing the consistency and fairness of the review.
These guidelines mark a significant step towards reinforcing the judicial system’s integrity, ensuring that every individual’s right to justice is preserved through a meticulous and transparent review process. By clarifying the procedural requirements for curative petitions, the Supreme Court aims to prevent the dismissal of potentially meritorious petitions on technical grounds, thereby upholding the principles of justice and fairness.
CASE DETAILS
Case title- M/s Brahmaputra Concrete Pipe Industries vs The Assam State Electricity Board
Amicus Curiae in the matter – Senior Advocate Raju Ramachandran
Appeared for the applicant- Advocate Anand Sanjay M Nuli
