The Supreme Court in the case Brahmaputra Concrete Pipe Industries vs Assam State Electricity Board observed and has refused to register a curative plea on the ground that the review petition was heard and dismissed in open Court?. The Top Court has agreed to examine the said issue.
The bench comprising of Justice Aniruddha Bose and Justice Sudhanshu Dhulia in the case appointed Senior Advocate Raju Ramachandran as Amicus Curiae. Some curative petitions have been filed by Brahmaputra Concrete Pipe Industries. It has been declined by the SC Registry to register the curative petition on the ground that the review petitions were dismissed upon hearing in open Court and that such dismissal was not by circulation. The counsel, Advocate Anand Sanjay M Nuli appearing for the petition contended before the Apex Court bench that this conclusion reached by the Registry runs contrary to the decision in the case Rupa Ashok Hurra v. Ashok Hurra.
Further, it has been submitted by him that this issue requires interpretation of Rule 2(1) Order XLVIII of the Supreme Court Rules, 2013. This court is also appraised at the Bar that there would be many other matters of similar nature, which are liable to be affected in this case by any decision reached by this Court. However, the Order XLVIII of the Supreme Court Rules deals with ‘Curative Petition’. The rules reads are as follows: The government shall govern the Curative Petitions by Judgment of the Court dated 10th April, 2002 delivered in the case of ‘Rupa Ashok Hurrah v. Ashok Hurrah and Ors.’ in Writ Petition.
(1) In the curative petition, the petitioner shall shall aver specifically that the grounds mentioned therein had been taken in the Review Petition and that it was dismissed by circulation.
(2) The Curative petition should be accompanied by a certificate of the Senior Advocate that the plea meets the requirements which is being delineated in the above case.
(3) The curative petition shall be accompanied by a certificate of the Advocate on Record to the effect that it being the first curative petition in the impugned matter.
Therefore, the Curative Petition needs to be filed within reasonable time from the date of order or Judgment which being passed in the Review Petition.
(1) Firstly, the curative petition shall be circulated to a Bench of the three senior-most judges and the judges who have passed the judgment complained of, if it is being available.
(2) Unless otherwise ordered by the Court, the curative petition shall be disposed of by circulation without any oral arguments but the petitioner in his plea may supplement by additional written arguments.
(3) If the Bench before which a curative petition was circulated which concludes by a majority that the matter and the same needs to be heard then the plea shall be listed before the same Bench, as far as it is being possible. (4) f the Court, comes to the conclusion, at any stage that the plea is without any merit and vexatious, the exemplary costs may be imposed on the petitioner.
