Question

Which of the following statements is true with respect to the concept of curative petition?

• A. Source of curative petition is Art 137 and Art 142 is invoked to pass orders.
• B. Introduced in Rupa Ashok Hurra v Ashok Hurra and Anr.
• C. To prevent abuse of the court’s process and to cure gross miscarriage of justice
• D. All of the above

Hint:

A curative petition must be certified by a Senior Advocate confirming that it satisfies the requirements laid down in the Rupa Hurra judgment before it can be filed.

Answer 1

The Correct Option is D

Step 1: Understanding the Question:
The question asks us to identify the true statements regarding the concept, origin, and legal basis of a "curative petition" in the Supreme Court of India.

Step 2: Key Concepts and Approach:
A curative petition is the final legal remedy available in the Supreme Court after a review petition has been dismissed.
We must examine the landmark judgment that created this concept and find its constitutional source.

Step 3: Detailed Explanation:

• Origin: The concept of a curative petition was judicially created by the Supreme Court of India in the landmark case of Rupa Ashok Hurra v. Ashok Hurra (2002). Thus, statement (B) is correct.

• Purpose: The court established this remedy to prevent the abuse of its process and to cure a gross miscarriage of justice that might occur despite the finality of a judgment. Thus, statement (C) is correct.

• Constitutional Basis: While Article 137 provides the power to review judgments, Article 142 (which empowers the court to pass any order necessary for doing "complete justice") is invoked to hear and pass orders on a curative petition. Thus, statement (A) is correct.

• Strict Threshold: The court laid down very strict guidelines for admitting curative petitions, such as a violation of the principles of natural justice or a clear bias of the judge.

Step 4: Final Answer:
Since all statements (A, B, and C) are true, Option D is the correct choice.