Q. Why is this in news?
A. Recently, The Orissa High Court has confirmed the judgment of an Executing Court, which held that mere filing of curative petition does not constitute a ground to put a stay on the proceedings of execution petition.
Q. What is Curative Petition?
A. The concept was first evolved by the Supreme Court of India in Rupa Ashok Hurra vs. Ashok Hurra and another case (2002) on the question whether an aggrieved person is entitled to any relief against the final judgement/order of the Supreme Court, even after the dismissal of a review petition.
Q. Why has the court evolved curative petition?
A. The court used the Latin maxim “actus curiae neminem gravabit”, which means that an act of the court shall prejudice no one. It’s objectives are twofold- avoid miscarriage of justice and to prevent abuse of process.
Q. What are related Constitutional provisions for this mechanism?
A. 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.
Q. What is its procedure?
A.