(Querist) 05 February 2011
This query is : Resolved
article 136 to 142 of constitution tells to give the opinion of the 3 Judges along with Judges delivered the judgement. But there is no clear guidence or rule not to give the reasons. As the curative petition is the last chance for justice and rarity and there are so many stipulations in filing the curative petition.It is against the natural justice for not giving the reasons. The petitioner without any facts on record cannot file the petition. whether it leads to violation of natural jutice or not
(Expert) 05 February 2011
I do not know from which Constitution you say that "article 136 to 142 of constitution tells to give the opinion of the 3 Judges."
Art. 136 is the discretionary jurisdiction of the SC, as such only in those cases where the SC finds some merit it admits the SLP for further decision, while where it finds there is no merit it rejects / dismisses such SLPs. There is nothing in the Constitution which would compel the SC to give reasons while not admitting any SLP.
Again according to Art. 137, Supreme Court shall have power to review any judgment pronounced or order made by it. The Constitution does not say whether the SC has to give any reason while deciding the review petition or not. It is the procedure devised by SC for itself. Therefore when Review Petition also gets dismissed, one can file a Curative petition. As rightly mentioned by you, there are strict stipulations for filing the curative petition. All that the Curative petition requires is that one has to state that (i) that the review petition was decided in Chambers (ii) that all the grounds one takes in the Curative petition had indeed been taken in the Review Petition. Thus, it is not correct to say that the petitioner will not be able to file curative petition since he does not have any facts on record (i.e. reasoned order either on the SLP or the Review Petition). When such an elaborate provision exists for review of its own decision and also for filing of curative petition, one cannot say that there is any violation of natural justice simply because the SLP has been dismissed without assigning any reason. All one has to understand when an SLP is dismissed without any reason is that there is no legal issue in the SLP where the intervention of the SC is called for.
(Querist) 09 February 2011
sir as stated by you the Art. 137, Supreme Court shall have power to review any judgment pronounced or order made by it. The Constitution does not say whether the SC has to give any reason while deciding the review petition or not. It is the procedure devised by SC for itself. Therefore when Review Petition also dismissed one can file a curative petition. The SCI made stringent rules like Sr advocate certificate, If necessary exemplary costs cab be charged on the appellant for filling Curative petition. As they framed such stringent rules whether they are not reponsible for not giving the reason for not accepting the curative petition filed by the appeallant. so it clearly shows the violation of natural jutice and it creats a opinion that to help the sr advocates monetorily the curative petition process is adopted. filing a curative petition by any one means he got substantial evidence on record and clear violation of jutice and biased nature of judges. So the Appex court himself is acting as monopoly. Curative petitions are rare and not a regular. So far if you the record only very few are that is in single digit only the curative petitions were accepted From the accepted curative petitions only RUPA ashok HuraVs Ashok hurra is the only case for any one to mention/ refer in their appeal.