Curative Petition
The final safeguard within the Supreme Court’s own process.
A curative petition is the last resort available after a review petition has been dismissed — a mechanism the Supreme Court created for itself in Rupa Ashok Hurra v. Ashok Hurra (2002) to prevent abuse of its process and to cure a gross miscarriage of justice, in the truly exceptional case where even the review process has failed to correct it. MovLegal advises clients on the narrow, exceptional circumstances in which a curative petition may genuinely be maintainable — and is equally candid when a matter, however painful the outcome, does not meet that threshold.
Why This Matters
Curative petitions succeed rarely, and by design. The Supreme Court has been explicit that this jurisdiction is not to be used as a matter of course after review is dismissed, and has laid down specific, narrow grounds on which a curative petition may even be entertained. Filing a curative petition without a genuine basis not only fails on its own terms — it can also reflect poorly on the broader credibility of a client’s position before the Court.
The Narrow Grounds for a Curative Petition
Violation of the Principles of Natural Justice
Where a party was not heard by the Court before an order adversely affecting them was passed — a fundamental procedural failure rather than a disagreement with the outcome reached after a fair hearing.
Judicial Bias Not Known at the Time
Where it is later established that a judge who heard the matter had an undisclosed connection or bias that, had it been known, would have warranted recusal — and this was not known to the affected party at the time of the hearing.
Procedural Requirements
A curative petition must be first circulated to a bench of the three senior-most judges of the Court, along with the judges who passed the judgment complained of, if available. It must also be certified by a senior advocate that the case genuinely satisfies the requirements laid down by the Court for a curative petition to be entertained at all — a certification we approach with the rigour it demands, since it is itself a filter meant to prevent misuse of this jurisdiction.
How We Assess a Potential Curative Petition
We review the entire history of the matter — the original judgment, the review proceedings, and the specific circumstances the client believes justify a curative petition — against the narrow grounds the Supreme Court itself has laid down. Where the case genuinely fits within those grounds, we prepare the petition with the procedural precision the Court expects at this exceptional stage.
Who We Work With
- Clients whose review petition has been dismissed and who believe a genuine violation of natural justice or judicial bias affected the outcome
- Parties seeking an honest, rigorous assessment of whether this final remedy is genuinely available in their case
Get in Touch
A curative petition is available only in the rarest circumstances. Book a consultation for a candid assessment of whether your matter qualifies.