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Curative petition

Facts for Prelims (FFP)

 

Source: IE

  

Context: The Supreme Court’s decision to allow a curative writ petition in the DMRC case signifies an expansion of its powers beyond constitutionally prescribed processes.

  • The curative writ, a sparingly used judicial innovation, aims to correct grave miscarriages of justice, as established in the 2002 Rupa Hurra v Ashok Hurra case.
  • However, the exercise of curative jurisdiction in a commercial case raises questions about the finality of the Supreme Court’s rulings and the principle of minimum judicial interference.

 

Curative petition is entitled, if petitioner establishes

  • Violation of principles of natural justice; Judge failed to disclose his connection with the subject matter or there is an apprehension of bias and judgement adversely affects petitioner.