Comparison between Curative Petition and Second Review Petition

Abstract

This paper is based on the land mark judgement Rupa Ashok Hurra v Ashok Hurra , in this case Syed Shah Mohammed Quadari, J. held that the next step is to specify the requirement to entertain such a curative petition under the inherent power of this court so that floodgate are not opened for filing a second review as a matter of course in the guise of a curative petition under inherent power. Review petitions have been provided for in the Constitution unlike curative petitions which are a result of a Supreme Court pronouncement. Many questions have been raised, among academics and lawyers, as to whether it was necessary for the Supreme Court to propound the modalities of curative petitions. The term ‘second review petition’ is totally a hypothetical term used purely illustratively. Since April 2002 when the Supreme Court propounded the modalities of Curative petitions, five hundred and sixty eight curative petitions have been filed before the Supreme Court. Such a limitation to the number of times the power of review can be exercised marks the first distinction between a curative petition and a ‘second review petition’.