Nirbhaya case convict files curative plea before SC

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News:Recently,one of the convicts in the Nirbhaya Case has filed a curative petition in the Supreme Court after the apex court had issued the death warrants against all four convicts.

Facts:

About Curative Petition:

  • A curative petition may be filed after a review plea against the final conviction is dismissed. 
  • It is meant to ensure there is no miscarriage of justice and to prevent abuse of process. 
  • A curative petition is usually decided by judges in chamber unless a specific request for an open-court hearing is allowed.

How did the concept of Curative petition evolved?

  • The concept of curative petition was first evolved by the Supreme Court of India in the matter of Rupa Ashok Hurra vs. Ashok Hurra and Anr. (2002) case.
  • The apex court examined whether an aggrieved person is entitled to any relief against the final judgement/order of the Supreme Court after dismissal of a review petition.
  • The Supreme Court held that in order to prevent abuse of its process and to cure gross miscarriage of justice, it may reconsider its judgements in exercise of its inherent powers. 
  • For this purpose,the Supreme Court has devised what has been termed as a curative petition.

Conditions for acceptance of Curative petition:The Supreme court has outlined certain specific conditions for filing a curative petition namely 

  • The petitioner will have to establish that there was a genuine violation of principles of natural justice 
  • The petition is to be sent to the three senior-most judges and judges off the bench who passed the judgment affecting the petition 
  • If the majority of the judges on the above bench agree that the matter needs hearing, then it would be sent to the same bench (as far as possible) and 
  • The court could impose exemplary costs to the petitioner if his plea lacks merit.