The main objective curative petition is __:

Answer: [A] To prevent misuse of justice delivery system

  • The concept of Curative petition was evolved by the Supreme Court of India in the matter of Rupa Ashok Hurra case where the question was whether an aggrieved person is entitled to any relief against the final judge-ment/order of the Supreme Court, after dismissal of a review petition.
  • The Supreme Court in the said case held that in order to prevent abuse of its process and to cure gross miscar-riage of justice, it may reconsider its judgments in exercise of its inherent powers. For this purpose the Court has devised what has been termed as a “curative” petition.
  • In the Curative petition, the petitioner is required to aver specifically that the grounds mentioned therein had been taken in the review petition filed earlier and that it was dismissed by circulation. This has to be certified by a senior advocate. The Curative petition is then circulated to the three senior most judges and the judges who delivered the impugned judgement, if available. No time limit is given for filing Curative petition.

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