Q. Consider the following statements:
1. The Constitution provides for curative petition to review a judgment pronounced by the Supreme Court.
2. A review petition is the final relief available to an aggrieved person after a curative petition is dismissed.
Which of the statements given above is/are correct?
Answer: D
Notes:
Exp) Option d is the correct answer.
Statement 1 is incorrect. Under Article 137 of the Constitution, the Supreme Court shall have power to review any judgment pronounced or order made by it. The Constitution makes no provision for a curative petition. It was in Roopa Hurra v Ashok Hurra case (2002), that the Court evolved the concept of curative petition.
Statement 2 is incorrect. A curative petition may be filed after a review plea against the final conviction is dismissed. It is meant to ensure there is no miscarriage of justice, and to prevent abuse of process.
