Curative petition is an amalgamation of the Constitutional provisions embedded under articles 136, 137 and 142of the Indian Constitution.
Such a petition needs to be filed within 30 days from the date of judgement or order.
RUPA HURRA V. ASHOK HURRA AND ANOTHER: THE CASE THAT GAVE BIRTH TO CURATIVE PETITION The question was raised that any relief should be given to the aggrieved person against the final order and judgment of the Supreme Court, after the dismissal of a petition of review. In the case, Rupa Ashok Hurra vs. Ashok Hurra and Anr (the year 2002), evaluation of the Indian concept of Curative Petition took place by the Supreme Court of India. The decorated concept is a must as judges are human beings and to err is human.
Article 145
The concept of Curative petition was evolved by the Supreme Court in the matter of Rupa Ashok Hurra vs. Ashok Hurra and Anr. It provides that in the matter of laws and rules made under Article 145,the Supreme Court has the power to review any judgement pronounced (or order made) by it. * Curative Petition is the last judicial resort available for redressal of grievances in court which is normally decided by judges in-chamber. The concept of the curative petition is supported by Article 137 of the Indian Constitution. In the case of the Curative Petition, there is no time limit. What is Curative Petition? In the event of Sharma’s curative plea being dismissed by the apex court, he and the others still have the option to file a mercy plea before President Ram Nath Kovind.
It shall be filed after the review petition is dismissed by the apex court. It is so seldom happen that cases go to open-court hearing.
Curative Petition has a narrower scope in comparison to Review Petition. The Article enables Supreme Court to review its own judgements made under Article 145. A curative petition is a rare remedy devised by a Constitution Bench of the Supreme Court in its judgment in the Rupa Ashok Hurra case in 2002.
A curative petition is the last judicial corrective measure which can be pleaded for in any judgement or decision passed by the Supreme Court and normally decided by Judges in-chamber. What is Curative Petition ? A curative petition is usually decided by judges in chamber, unless a specific request for an open-court hearing is allowed. Curative Petitions are filed under Article 142 whereas Review Petitions are filed mostly invoking Article 137 of the Constitution. This petition can be submitted only on grounds permitted in the rules.
The Supreme Court on Thursday dismissed the curative petition filed by an association of the victims of the 1997 Uphaar cinema fire tragedy case, sparing the Ansal brothers further jail term. Under Article 32 of the Constitution. The Curative petitions are filed under Article 142 of the constitution. A curative petition is a post decision exercise with very limited width at the admission level itself. That is why it is called as the last judicial resort available for grievances redressal. The concept of Curative petition is supported by the Article 137 of Constitution of India.
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