Question

The Concept of 'Curative' Petition was introduced by the Supreme Court of India in the case of

• A. Rupa Ashok Hura V/s Ashok Hura,AIR 2002 SC 1771
• B. M.C.Mehta V/s Union of India, AIR 1987 SC 1087
• C. Krishna Swami V/s Union of India, (1992) 45 CC 605
• D. Sheela Barse V/s Union of India, (1986) 35 CC 5962

Hint:

Remember the hierarchy of remedies in the Supreme Court: first the main judgment, then a 'Review Petition' (Article 137), and as a final, extraordinary resort, the 'Curative Petition' established in the Rupa Ashok Hurra case.

Answer 1

The Correct Option is A

The concept of a 'Curative Petition' was evolved by the Supreme Court in the landmark case of Rupa Ashok Hurra v. Ashok Hurra (2002). It serves as the final and ultimate remedy for justice against a final judgment of the Supreme Court, available even after a review petition has been dismissed. The court created this remedy using its inherent powers to prevent the abuse of its process and to cure a gross miscarriage of justice. Strict conditions are laid down for its admission, such as a violation of the principles of natural justice.