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2020 ] CURATIVE JURISDICTION OF HON’BLE SUPREME COURT A63

CURATIVE JURISDICTION OF HON’BLE
SUPREME COURT

By

Manoj Kumar Jha
VIGILANCE OFFICER

In respect of Review jurisdiction, discussed in
these columns, it is noteworthy that in the direction dated
10-2-2020 in Review Petition (Civil) No. 3358 of 2018 in
Writ Petition No. 373 of 2006 in Kantaru Rajeevaru v. Indian
Young Lawyers Association thr. Its General Secretary Ms.
Bhakti Pasrija and Ors., it was ordered :
“We have heard the parties at length. For reasons to follow, we hold
that this Court can refer questions of law to a Larger Bench in a Review Pe-
tition.”
In other words, even in a Review Petition, matter may be referred to
Larger Bench. Reasons for the same are awaited.
Prior to 2002, dismissal of review petition left the parties without any
further remedy, however, in the judgment of Hon’ble Supreme Court in Rupa
Ashok Hurra v. Ashok Hurra and Another case discussed in the following paras,
concept of a curative petition was devised to empower a litigant to seek a recon-
sideration of a matter wherein the review petition also is unsuccessful as has
been observed in the recent decision of Hon’ble Supreme Court of India, deliv-
ered by Hon’ble K.M. Joseph, J. on 14th November, 2019 in Yashwant Sinha & Ors.
v. Central Bureau of Investigation [Review Petition (Crl.) No. 46 of 2019 and Writ
Petition (Crl.) No. 298 of 2018] [2019 (25) G.S.T.L. 161 (S.C.)] :
“38. The anxiety of this Court that the consideration of rendering justice re-
main uppermost in the mind of the Court, has led to the Constitution Bench
judgment in Rupa Ashok Hurra v. Ashok Hurra and Another [(2002) 4 SCC 388].
It is in the said case that the concept of a curative petition was devised to em-
power a litigant to seek a reconsideration of a matter wherein the review peti-
tion also is unsuccessful. Certain steps have been laid down in this regard
which stand incorporated in the Supreme Court Rules, 2013 [in Part IV Order
XLVIII thereof].”
In this Context, Curative Jurisdiction of Hon’ble Supreme Court is being dis-
cussed.
Statutory provision :
The Supreme Court Rules, 2013
ORDER XLVIII
CURATIVE PETITION
I. Curative Petitions shall be governed by judgment of the Court dated
10th April, 2002 delivered in the case of ‘Rupa Ashok Hurra v. Ashok Hurra and
Ors.’ in Writ Petition (C) No. 509 of 1997.
2. (1) The petitioner, in the curative petition, shall aver specifically that
the grounds mentioned therein had been taken in the Review Petition and that it
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 The views expressed in this article are the personal views of the author.
EXCISE LAW TIMES  15th April 2020  63