Anonymous
Asked February 23, 2017

Appeal on the the disproportionate asset case

  • 1 Answer
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Can an appeal be filed against the decision given by the Supreme Court against Sasikala on the disproportionate asset case ?

Answer 1

 

As in the case of Shashikala regarding disproportionate funds, since the matter has come as a result of appeal from the High Court, there lies only two possible remedies, namely,

  • Review Petition.
  • Curative Petition.
  • Review Petition

    In India, a binding decision of the Supreme Court/High Court can be reviewed in Review Petition. The parties aggrieved on any order of the Supreme Court on any apparent error can file a review petition. Taking into consideration the principle of stare decisis, courts generally do not unsettle a decision, without a strong case. This provision regarding review is an exemption to the legal principle of stare decisis.

    Article 137 of the Constitution provides that subject to provisions of any law and rule made under Article 145 the Supreme Court of India has the power to review any judgement pronounced (or order made) by it. Under Supreme Court Rules, 1966 such a petition needs to be filed within 30 days from the date of judgement or order. It is also recommended that the petition should be circulated without oral arguments to the same bench of judges that delivered the judgement (or order) sought to be reviewed.

    Furthermore, even after dismissal of a review petition, the SC may consider a curative petition in order to prevent abuse of its process and to cure gross miscarriage of justice.

    While a civil review petition can be moved in accordance with Order XLVII, Rule 1(1) of the Code of Civil Procedure,1908 a criminal review petition can be moved only on the ground of an error apparent on the face of the record. (Source: CPC, 1908 and CRPC, 1973).

    Curative Petition.

    The concept of Curative petition was evolved by the Supreme Court of India in the matter of Rupa Ashok Hurra vs. Ashok Hurra and Anr. (2002) where the question was whether an aggrieved person is entitled to any relief against the final judgement/order of the Supreme Court, after dismissal of a review petition. The Supreme Court in the said case held that in order to prevent abuse of its process and to cure gross miscarriage of justice, it may reconsider its judgements in exercise of its inherent powers. For this purpose, the Court has devised what has been termed as a "curative" petition. In the Curative petition, the petitioner is required to aver specifically that the grounds mentioned therein had been taken in the review petition filed earlier and that it was dismissed by circulation. This has to be certified by a senior advocate. The Curative petition is then circulated to the three senior most judges and the judges who delivered the impugned judgement, if available. No time limit is given for filing Curative petition.

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