The
government is likely to file review petition which will go the same judges who
delivered the judgment. And if it fails there is still another chance to file
curative petition.
The
concept of Curative petition was evolved by the Supreme Court of India in the
matter of Rupa Ashok Hurra vs. Ashok Hurra and Anr. (2002) where the court
decided whether an aggrieved person is entitled to any relief against the final
judgment / order of the Supreme Court, after dismissal of a review
petition.
The
Supreme Court said that in order to prevent abuse of its process and to cure
gross miscarriage of justice, it may reconsider its judgments in exercise of
its inherent powers.
For this
purpose the Court devised "curative" petition, in which the
petitioner is required to aver specifically that the grounds mentioned therein
had been taken in the review petition filed earlier and that it was dismissed
by circulation. This has to be certified by a senior advocate. The Curative
petition is then circulated to the three senior most judges and the judges who
delivered the impugned judgement, if available. No time limit is given for
filing Curative petition.
