SC directs its registry to consult judges before rejecting Curative petitions
26-Feb-2024 02:31 PM 2349
New Delhi, Feb 26 (Reporter) The Supreme Court on Monday said that its Registry has no discretion to refuse the filing of a Curative petition just because its review petition was already heard and dismissed in the open court. A bench comprising Justice Aniruddha Bose and Justice Sudhanshu Dhulia ruled that 'if any curative petition is filed before the registry, the best course would be to obtain instructions from the judge in the chambers and communicate to the party.' The Apex Court further said that the applicant or the petitioner should also mention that he seeks exemption from complying with Rule 2(1) of Order XLVIII of Supreme Court Rules 2013 and make a specific request that the matter be presented before the judge in the chamber for the opinion. The Court was hearing a petition on the issue of whether the registry can refuse to register a curative petition because a review petition has already been heard in the case. A curative petition in the Supreme Court is to seek a review and reconsideration of its final judgment. It is the last resort available to a party who has exhausted all other avenues of appeal, including a review petition. The main difference between a review petition and a curative petition is that A review petition is inherently provided in the constitution of India whereas the curative petition is about the interpretation of the review petition by the Supreme Court which is enshrined in article 137. The concept of the curative petition evolved in the case of Rupa Ashok Hurra vs Ashok Hurra, 2002. Its objectives are two-fold one is to avoid a miscarriage of justice and another one is to prevent abuse of process...////...
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