Case Name: Rupa Hurra v Ashok Hurra
The Matter before which the matter heard by Bench: Justice S.P. Bharucha, C.J., Justice S.S.M. Quadri, Justice U.C. Banerjee, Justice S.N. Variava and Justice Shivaraj V. Patil,
Contents
Background of the Case
This case Rupa Hurra. Ashok Hurra primarily addresses the question of curative petitions in the Indian legal system. Rupa Hurra, as well as Ashok Hurra had a stake in a matrimonial conflict that was settled through the Supreme Court of India. The petition is requested to reconsider again the decision of the Apex Court in review petitions submitted pursuant to Article 32 of the Constitution or in any other way. The legality of petition was questioned at the grounds that no relief from the final decision by this Court could be granted to the person who is aggrieved after the denial of the petition for review.
Issues in this case
1. What if a curative request is able to be considered in the Supreme Court after a final decision has been handed down?
2. If an order made in the Supreme Court itself can be modified under its own powers after the dismissal of the review petition?
3. What are the prerequisites for submitting a curative application within the inherent authority that is the Supreme Court?
Observation
Challenge to the Final Judgment in accordance with Article 32: The Supreme Court declared the fact that Article 32 of the Constitution that permits individuals to petition the Court to enforce fundamental rights, doesn’t allow for a challenge to final judgments rendered by the Court by itself. The Court observed that writ jurisdiction is not a valid defense against superior courts, which includes that of Supreme Court, and that any judicial decision of superior courts can be argued to be in violation of fundamental rights.
Inherent power to correct Orders Inherent Power to Correct Orders Court recognized that in spite of the finality principle it is possible to find exceptional situations in which it is possible that the Supreme Court may need to use its inherent power to rectify a serious error of justice. This could include cases in which the judgment of the court was issued in contravention of natural justice, or because of procedural mistakes. However, these types of cases are considered very uncommon and require a strong argument.
Requirements for Curative Petition The Court established specific guidelines for deciding whether to entertain curative petitions
The petition must demonstrate that the reasons for reconsideration were included in the review request and the review was denied without a thorough hearing.
The certificate must be accompanied by an endorsement from an experienced Senior Advocate to confirm the compliance with the requirements.
The petition must then be reviewed by a bench of three most senior judges, and in the event of necessity, by the Bench that made the ruling.
Decision
It was the Supreme Court, in this historic decision, established the procedure for submitting and evaluating curative petitions. The Court clarified that a petition for curative relief is an exceptional remedy available only in cases of exceptional circumstances where there is an obvious error and the prior decision has fundamental flaws that require rectifying.
The court ruled that:
- The final judgments and orders of the Supreme Court cannot be challenged by Article 32.
- The Supreme Court may reconsider its decisions in exercising it’s inherent powers to rectify an erroneous decision.
- Curative petitions must satisfy specific requirements in terms of procedure and be reviewed by a judge before being accepted for a hearing.