Citation: (2002) 4 SCC 388
Bench: Constitution Bench of the Supreme Court of India.
Facts: A matrimonial dispute reached the Supreme Court. The Court passed a final judgment. The aggrieved party filed a review petition, which was dismissed.
The party argued that a grave miscarriage of justice had occurred and sought another opportunity for correction.
Legal Issue:
Whether the Supreme Court has the power to reconsider its own final judgment after dismissal of a review petition.
Judgment:
The Supreme Court held that although its judgments are final, it has inherent power to reconsider a judgment in exceptional circumstances to prevent a miscarriage of justice.
The Court created the concept of the Curative Petition.
Principles Laid Down:
A curative petition is maintainable only after the review petition has been dismissed.
It is available only in exceptional cases.
The petitioner must establish a gross miscarriage of justice.
It may be entertained where:
Principles of natural justice were violated.
A judge failed to disclose circumstances giving rise to a reasonable apprehension of bias.
The petition must be accompanied by a certificate from a Senior Advocate certifying that it satisfies the requirements.
It is ordinarily decided by the three senior-most judges and the judges who delivered the impugned judgment, if available.
Significance:
Introduced the curative petition as the final judicial remedy in India.
Balanced the finality of Supreme Court judgments with the need to prevent grave injustice.
Strengthened public confidence in the administration of justice by providing a narrow mechanism to correct exceptional errors.
Importance for Law Students and Practitioners.
This case is the foundation of curative jurisdiction in India and is frequently cited in matters involving:
Review and curative petitions,
Article 137 (Review jurisdiction),
Article 142 (Complete justice),
Finality of judicial decisions.
Key Takeaway:
The Supreme Court’s judgments are final, but in the rarest of rare situations involving a grave miscarriage of justice, the Court may exercise its curative jurisdiction to recall or modify its own final judgment.