The Supreme Court on Monday ruled that the discretion to refuse the registration of curative petitions merely because the review petition was heard and dismissed in open court does not lie with the registry of the Apex Court.
A bench comprising of Justice Aniruddha Bose and Justice Sudhanshu Dhulia said that the right way should be that the registry obtains instructions from the judge in chambers and then should tell the party.
The COurt added that not only this but the applicant must also pray for an exemption from with Rule 2(1) of Order XLVIII of the Supreme Court Rules 2013 and specifically request that the matter be presented before the chamber judge for proper guidance.
As per the provision,while filing the curative petition, it has to specifically stated by the petioner that the grounds mentioned were taken in the review petition as well and that it was dismissed.
Court added that the curative petition should be circulated among the judges who were the part of the review petition proceedings and the delivery of the original judgment provided they are still in office.
The court gave this verdict while dealing with a case involving the question of whether the registry of the Court can refuse to register a curative petition merely because a review petition in the case was heard and dismissed in open court.
Amicus Curiae in the matter is Senior Advocate Raju Ramachandran.
The matter arose out of an application by a party that had filed curative petitions in the case before the registry.
The Supreme Court registry had however refused to accept and register the curative petition, after noting that the review applications were not dismissed by circulation.
The Court in the appeal determined that no ground was made for it to take a relook at the appellant’s case and hence refused to entertain the curative petition.