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Curative Petition

  • Posted By
    10Pointer
  • Categories
    Polity & Governance
  • Published
    21st Aug, 2020
  • The Supreme Court held Prashant Bhushan guilty of criminal contempt of court for his tweets against the CJI S.A. Bobde and against the judiciary.
  • The concept was first evolved by the Supreme Court of India in Rupa Ashok Hurra vs. Ashok Hurra and another case (2002) on the question whether an aggrieved person is entitled to any relief against the final judgement/order of the Supreme Court, even after the dismissal of a review petition.
  • The concept of the curative petition is supported by Article 137 of the Indian Constitution.
  • 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.
  • A curative petition may be filed after a review plea against the final conviction is dismissed.
  • A curative petition must be first circulated to a Bench of the three senior-most judges, and the judges who passed the concerned judgment, if available.
  • A curative petition is usually decided by judges in the chamber unless a specific request for an open-court hearing is allowed.