Curative Petition: 10 April 2024

• About: A curative petition is the final and ultimate recourse available to individuals seeking justice, as guaranteed by the Constitution of India. It becomes applicable once a review plea against a final conviction has been rejected.
• Background: 
  • The concept of the curative petition originated from the legal case in 2002, known as Rupa Ashok Hurra vs. Ashok Hurra. 
  • This case raised the question of whether an aggrieved person has any recourse after the dismissal of a review petition in the Supreme Court.

• Objective: The primary aim of a curative petition is to ensure that there is no miscarriage of justice and to prevent any potential abuse of the legal process.
• Article 137: This article of the constitution provides significant support for the concept of a curative petition. It empowers the Supreme Court of India with the authority to review any judgment it has pronounced or any order it has made.
• Article 145: Review power under this article specifically pertains to the laws and rules, the Supreme Court can make for its functioning

Why in News:

• Recently, the Supreme Court has expanded legal recourse by permitting curative writs, emphasizing their role as a final avenue to rectify judgments deemed “oppressive to judicial conscience.