CURATIVE PETITION

12 Apr 2024 CURATIVE PETITION

THIS ARTICLE COVERS ‘DAILY CURRENT AFFAIRS’ AND THE TOPIC DETAILS OF ”CURATIVE PETITION”. THIS TOPIC IS RELEVANT IN THE “POLITY AND GOVERNANCE” SECTION OF THE UPSC CSE EXAM.

Why in the news?

Recently, the Supreme Court granted relief to the Delhi Metro Rail Corporation(DMRC) through the Curative Petition. A  three-judge bench headed by Chief Justice DY Chandrachud allowed the curative petition of Delhi Metro Rail Corporation Ltd. (DMRC) against Delhi Airport Metro Express Pvt. Ltd. (DAMEPL). It set aside its judgment in the case of Delhi Airport Metro Express Private Limited v. Delhi Metro Rail Corporation Ltd. (2022). 

CJI Chandrachud acknowledged that a previous court decision was unjust, halted the Delhi Airport Metro’s legal action, and ordered refunds of payments made by DMRC to DAMEPL.

The Supreme Court’s decision to support DMRC via a curative petition impacts PPPs, investor trust, and legal precedents, showcasing a commitment to justice.

Background of the case: 

• • In 2008, the DMRC partnered with DAMEPL, a consortium led by Reliance Infrastructure Ltd, for the Delhi Airport Metro Express project through a Public Private Partnership (PPP).
  • However, a dispute arose between the two parties, and the agreement was terminated by DAMEPL in 2013.
  • An arbitration tribunal ruled in favour of DAMEPL and ordered DMRC to pay nearly eight thousand crore in 2017.
  • DMRC challenged this in the Delhi High Court in 2019. The Delhi High Court overturned an arbitral award challenged by DMRC, but the Supreme Court reversed this decision in September 2021, upholding the original award in favour of DAMEPL.
  • In November 2021, the Supreme Court dismissed a review petition filed by DMRC in the case, and subsequently, in August 2022, DMRC filed a curative petition against the arbitral award in the Supreme Court.

About the Curative Petition:

• A curative petition allows for reviewing the Supreme Court of India’s final judgment or order. The curative petition can be filed if the petitioner believes that principles of natural justice have been violated or if a fundamental error in the judgment has resulted in manifest injustice.
• This process was established through the case of Rupa Ashok Hurra vs. Ashok Hurra & Anr. in 2002, acknowledging that even final judgments might have mistakes that need correction. This mechanism is a critical safety valve to prevent miscarriages of justice, ensuring that every legal option is explored before a case is concluded.
• The Concept of a curative petition is based on Article 137 of the Indian Constitution. Article 145 of the Indian Constitution governs the making of laws and rules. This means that the Supreme Court has the authority to review every judgment that it makes.
• A curative petition may be filed after a review plea against the final conviction is dismissed. It must be filed within 30 days of the judgment or order. The Supreme Court’s three senior judges, including the Chief Justice of India and the judges who dismissed the review petition, heard the petition.
• Once the Supreme Court passes a judgment on a curative petition, it is considered final, and no further recourse is available within the judicial system.

CONCLUSION:

The curative petition is the Indian judicial innovation. It safeguards against potential miscarriages of justice in exceptional cases where all other legal avenues have been exhausted. Curative petitions are rarely granted, and the Supreme Court exercises caution in admitting them. They are considered only in exceptional cases with a glaring error or a fundamental flaw in the judgment.

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PRELIMS PRACTICE QUESTIONS:

Q. With reference to the curative petition, which of the following statements is NOT correct?

A. The curative petition is the Indian judicial innovation.

B. The constitutional bench constituted by the Supreme Court to review the Curative Petition.

C. The curative petition must be filed within 30 days of the final judgment or order.

D. It helps to minimize any abuse of the processes of law and prevent misuse of justice.

ANSWER: B

MAINS PRACTICE QUESTIONS:

Q. Critically examine the importance of curative petitions in the Indian judicial system and how curative petitions play a critical role in making the judiciary more accountable.

Amit Pradhan

I have the experience to guide and write the content for the  UPSC, and PCS Aspirants in preparing for the Civil Service Exam.  Currently Working as a content developer in Yojna IAS.