Curative petition

Rupa Ashok Hoora vs Ashok Hoora​ In the case of the Constitution

Bench of 5 judges of the Supreme Court, it has been ascertained that its
final decision under Article 32, whose writ petition can not be challenged,
can be reviewed for the redress of serious injustice. This new ruleSupreme
Court's ​therapeutic petition​ is named after the. So far, if the Supreme
Court had made a final decision under Article 32 and had rejected his
petition under Article 137 then he could not be challenged but now in such
cases, therapeutic petition will be challenged in the Supreme Court. This
decision of the Supreme Court is extremely important because of this, in
the cases of serious injustice, a new way of challenging the actual victims
has opened up.
In many petitions filed in the Supreme Court, the question was raised that
even after the last of the court, can the challenge be challenged to
reconsider the court's decision under Article?
The Supreme Court has now determined that the final decision of the
Supreme Court can be challenged through the therapeutic petition. Chief
Justice, Shri Bharucha expressed this - We believe that the judges of the
Supreme Court, who work under the jurisdiction of man-accessible
weaknesses, do excellent work but such situations can arise in which in the
final judgment in the worst case of Viral serious injustice can be expected
to recover
Court said that the court's Law and Nati such cases Obligation that he
improved to make mistakes in such decisions, otherwise he will be covered
in a cloud of uncertainty |
But the court has issued some guidelines in the matter of filing such a
petition, whose petition can be filed under its limit so that it can not be
misused. The guidelines are as follows:
1. The petitioner has to show in his petition that in fact the principles of
natural justice were violated, which had adverse effect on him.
2. Such therapeutic petition will first be sent to the bench of three senior
judges and if they think necessary, then this therapeutic petition will be sent
back to the same bench, in which the decision was made.
3. The court will hear the curative petition when it is certified by a senior
advocate that the requirements of such a petition have been fulfilled.
4. If the court appears that such a petition is not based on merit, then he
may also impose an example of a fine on the petitioner.
The guidelines have been issued by the Supreme Court so that the
therapeutic petition given by the Supreme Court was given permission. It
should not be misused and the court has imposed a fine because the
wrong traditions of misuse of justice should not begin. A | In fact, this
decision of the Supreme Court is historic and will prove to be a milestone in
providing justice and people will be more confident in the judiciary.