Not another bite at cherry but only to prevent miscarriage of injustice

The Supreme Court has rejected curative petitions seeking a review of its 2019 judgment on adjusted gross revenue (AGR) payable by telecom firms, saying that no “case is made out within the parameters” laid down by the apex court itself to entertain a curative petition.

When and how did curative petitions develop?

The curative petition was crafted by the apex court in 2002 in the landmark judgment of Rupa Ashok Hurra vs Ashok Hurra. Such a petition is a judicial invention to rectify gross miscarriage of justice in its own final judgments.

When can one file a curative petition?

According to the Ashok Hurra case, the court can hear a curative petition only if there is a violation of principles of natural justice, a question of bias against the presiding judge, and/or an abuse of the process of the court. Although these grounds were not exhaustive, the court should consider such petitions only in rare circumstances to prevent frivolous litigation, the case held. 

“Order 48 of the Supreme Court Rules, enacted in 2013, codifies the requirements of a curative petition and includes a certificate by a Senior Advocate confirming that the requirements for filing a curative petition have been met,” Kapil Arora, partner, Cyril Amarchand Mangaldas, said.

What are the recent cases where the Supreme Court accepted curative petitions?

The Supreme Court’s decision to reopen the Bhopal gas tragedy case through a curative petition led to significant legal developments concerning industrial liability and compensation. Another critical case was the acceptance of a curative petition by the Delhi Metro Rail Corporation (DMRC), which significantly influenced public infrastructure contracts and dispute resolution mechanisms in India.

“The acceptance of curative petitions is rare, but there are pivotal cases illustrating its impact,” said Sonal Alagh, partner, Alagh & Kapoor Law Offices.

In the DMRC matter -- DMRC v Delhi Airport Metro Express Pvt Ltd -- an arbitral award of about Rs 8,000 crore was overturned.

Are most curative petitions not accepted by courts? If so, why?

A curative petition is the third stage of proceedings before the Supreme Court, that is filed after proceedings in a special leave petition/appeal and the review of the decision in SLP/appeal. This is one of the main reasons why such petitions are accepted only in rare and extraordinary circumstances and not otherwise.