Explained-What Is Curative Petition?
Curative petition is the last constitutional remedy available to a person whose review petition has been dismissed by the Supreme Court. The curative petition was given shape and form in the case of Rupa Ashok Hurra v. Ashok Hurra & Anr.,where the apex court reconsidered its judgment in exercise of its inherent power to prevent abuse of its process and to cure a gross miscarriage of justice. The requirements to entertain curative petition as laid down in Rupa Hurra Case Except when very strong reasons exist, the court should not entertain an application seeking reconsideration of an order of the apex court which has become final on dismissal of a review petition. Conclusion Before the origin of curative petition in Rupa Hurra case, a writ petition was filed under Article 32 of the Constitution in the Supreme Court for the second time in the same case for reconsideration of a final judgment by the court to set aside the miscarriage of justice.
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