Skip to main content

Know Frequently Asked Questions About Curative Petition

IS THERE A WAY TO ENSURE JUSTICE AT ALL COSTS?

Once the Supreme Court reaches a verdict, it is considered final and binding and both parties have to accept it whether they are satisfied with the same or not. However, very recently, an issue was raised as to whether an aggrieved individual/party is entitled to receive any kind of relief or remuneration from the State against the order of the Apex Court after it has dismissed the request for the case being dismissed. This issue was raised and highlighted so that a party is guaranteed the justice that has been promised in the Constitution of India. After receiving a mixed bag of reviews and acclamations, the issue was put into effect and the process that a party had to undergo to benefit from the same is what is called a curative petition.

WHAT IS THE PHILOSOPHY OF CURATIVE PETITIONS?
  • The primary objective behind allowing curative petitions was to minimize the abuse of law and order, cure lapses in the system of justice, and uphold the mandate of the Indian Constitution.
  • They are the last option for getting remunerated for your grievances as per the IPC.
  • Hearing for curative petitions are done in-chambers and in the courthouse in the rarest of cases.
  • Curative petitions do not apply if you wish to seek bail from the Supreme Court. The same can be done only through the means of a Special Leave Petition.
WHAT SHOULD YOU KNOW BEFORE FILING A CURATIVE PETITION?
  • The petitioner needs to prove factually that the verdict of the Supreme Court is completely opposite to that of natural justice and also that the judgment affected him/her in a manner capable of being highlighted.
  • The petition should state explicitly that the grounds stated for the previously dismissed Review Petition were dismissed by pure circulation.
  • The petition must be certified by a senior and supreme court lawyers delhi.
  • The petition needs to be sent to a panel of 3 most senior judges.
  • If the senior judges conclude that the matter needs further hearing and investigation (on the basis of majority), then the same is sent to the original bench of judges that presided over the hearing.
  • The Supreme Court reserves the right to impose charges on the petitioner if his case lacks merit as a punishment for disturbing valuable court time.
WHY ARE CURATIVE PETITIONS NOT DISCUSSED IN OPEN COURT?
The judges of the Supreme Court are not sitting there just like that. They are where they are with a sheer number of years of experience with them and can almost instantly make out all the details of the case well before the closing statements have been delivered. Based on the facts presented before them, their decision is 9 times out of 10 the correct one and so the chances of getting a curative petition are very slim simply because it is just not pragmatic to believe that the party can come up with something of significance (especially in cases such as anticipatory bill from the Supreme Court) in such a small amount of time and so are rejected in the text of the petition itself. If in the event that the judge believes that something of value is viable to come up, he is likely to grant the curative petition. However, at the same time, the bench is likely to exercise the transfer petition in supreme court and have the case tried somewhere else before coming back to it themselves.

Comments

Popular posts from this blog

Defending Your Rights: The Commitment of Criminal Lawyers In India

  In a country as large and vast as India, the legal landscape is highly complicated and keeps changing every other day. Whether it's an accusation of committing a crime being a part of any legal dispute, or being arrested- the significance of having dedicated and efficient criminal lawyers in Delhi or anywhere in the country cannot be put into words. These lawyers have an important role in the service of justice, protecting the rights of individuals, and fighting for justice within the legal system. The role of criminal lawyers in India Criminal lawyers in Delhi and all over India are legal experts specializing in defending individuals or entities who have been charged with crimes. Their main task is to ensure that their client's rights are preserved through the entire legal process from the stage of investigation up to trial, and, when applicable, during appeals. They also give important advice in key moments such as arrest, detention, and filing bail petitions. One...

Best Tips to Manage the Bailing Process

The concept of paying the bail amount and getting out of jail seems very simple, but in reality, it is not. People think that if anyone gets arrested, any other person can pay the bail and the arrested person is free. Many complex procedures are included in the bailing process; several ways can be undertaken for a person’s bail. There are many cases where getting bail is very difficult or nearly impossible, but you can make it possible by hiring the best lawyers in supreme court delhi available at that moment. The lawyer will fight for your cause and try his/her best to grant you bail so that you do not have to stay in jail and you can be free.  Anticipatory bail from Supreme Court  is another great way of getting bail for any charge or provision for arrest. This anticipatory bail allows the person to be released from jail under any circumstances; also, this bail can be issued even before the arrest occurs.  Bail from Supreme Court  has the highest ...

Role of a Bail Lawyer in India’s Criminal Justice System

The process of bail for a convicted individual in India forms the apex and the most crucial step in the system of criminal justice. One role of a lawyer for bail is securing the release of the defendant before trial or the halting of the deprivation of liberty until such a time comes when a trial is being prepared. The role of bail is immeasurable because it either directly contributes to the freedom of the person or the trajectory of criminal litigation. Understanding the Role of a Bail Lawyer A bail attorney acts as counsel for the defendant in criminal proceedings in which the defendant is either being held or is in potential detention. A bail lawyer's most important aim is to secure an accused's freedom from detention. He does so by persuading the court to grant the accused the ability to live freely while his case is pending in court. It is a right in many instances, but it is not automatic bail, even for serious offenses, and it is at the discretion of the lawyer defe...