Who can file curative petition?
Table of Contents
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.
What is the success rate of curative petition?
The curative petition system was started 19 years back in 2002, as per unauthentic information available, not even ten curative petitions have succeeded so far out of hundreds of curative petitions that are filed every year. Thus, in curative petitions also, the success rate is very-very low.
Where can a curative petition be filed?
145 of the Indian Constitution the Apex Court (Supreme Court) has the superpower to review any judgement pronounced/ order passed) by it. Such a Curative petition needs to be filed within thirty days (30 days) from the date of judgement or order.
Is curative petition under Indian Constitution?
No time limit is given for filing curative petition. It is guaranteed under Article 137 of Constitution of India, which gives the power to the Supreme Court to review of its own judgements and orders.
What was Rupa Ashok Hurra case?
A case specifically known for matrimonial discord when the question of the validity of a decree of divorce reached the Honourable Supreme Court of India (hereinafter, ‘the Apex Court) and the woman withdrew her consent that she agreed while giving in to divorce through mutual consent.
Who filed mercy petition?
A convict under the sentence of death is allowed to file a mercy petition within a period of seven days after the date on which the Superintendent of Jail informs him about the dismissal of the appeal or special leave to appeal by the Supreme Court. The petitions are to be presented to the President of India.
What is mercy petition?
Mercy Petition lies in saving an innocent person from being punished due to miscarriage of justice or in cases of doubtful conviction.
What is curative petition Upsc?
A curative petition is a petition which requests the court to review its own decision even after a review petition is dismissed.
How many times can a person file mercy petition?
There is no time limit given in these two Articles of the Constitution of India for Mercy Plea. These Articles have no binding effect on the President and the Governors of the states to accept all the Mercy Petitions.
How many days curative petition can be filed?
30 days
Procedure of a Curative Petition A curative petition needs to be made within 30 days from the date of the judgement passed. A petitioner can file a curative petition only if the review petition has been dismissed.
Can mercy petition be challenged?
In the mercy petition, the person is required to state the grounds for which he demands the mercy. These grounds are necessary to grant pardon and play a crucial role in the release of an accused by the order of the president. The act of mercy is not the right of the prisoner. He cannot claim it.
What is a curative petition in India?
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. Such a petition needs to be filed within 30 days from the date of judgement or order.
What is the history of review petition in India?
The concept was evolved by the Supreme Court of India in the matter of Rupa Ashok Hurra Vs. Ashok Hurra and Anr., where the issue raised pertained to “whether an aggrieved person is entitled to any relief against the final judgment/order of the Supreme Court, after the dismissal of a review petition?” [1].
What should be included in the affidavit of curative petition?
The affidavit which may accompany the curative petition shall clearly mention that the petition is governed by the judgment of the Court as given in the case of Rupa Ashok Hurra Vs. Ashok Hurra. [7] Chapter X of the Handbook enlists how various petitions that are to be submitted before the Apex Court are to be prepared.
What is curative power of Supreme Court under Article 137?
Though the Constitution explicitly speaks about the review power of the Supreme Court under Article 137, it is silent about ‘curative power’. The curative petition was given shape and form in the case of Rupa Ashok Hurra v.