Requirement To File Certificate Of A Senior Advocate Along With Curative Petition Mandatory: Supreme Court

The Supreme Court observed that filing of certificate of a Senior Advocate along with curative petition is a mandatory requirement.

In this case, instead of filing the requisite certificate from a Senior Advocate, the petitioner, a convict,  filed an application for exemption from filing the said certificate. Taking note of the fact that it is a jail petition, the court referred the matter to the Supreme Court Legal Services Committee (SCLSC). The  Committee forwarded a Senior Advocate letter stating inter alia that there is no ground available for filing a curative petition.

"Order XLVIII Rule 2(2) of the Supreme Court Rules, 2013 makes it mandatory to file a certificate from a Senior Advocate, certifying inter alia that the case is covered in terms of the guidelines laid down in the case of "Rupa Ashok Hurra" (supra). Since the information received from the Senior Advocate states that no ground is available for entertaining a curative petition, the unregistered Curative Petition is dismissed along with all the pending applications.", Justice Hima Kohli observed while dismissing the petition.

In Rupa Ashok Hurra vs. Ashok Hurra, the Supreme Court had observed thus in the judgment: The petitioner, in the curative petition, shall aver specifically that the grounds mentioned therein had been taken in the review petition and that it was dismissed by circulation. The curative petition shall contain a certification by a Senior Advocate with regard to the fulfillment of the above requirements.

The Order XLVIII of the Supreme Court Rules, 2013 reads as follows:

I. Curative Petitions shall be governed by Judgment of the Court dated 10'" April, 2002 delivered in the case of 'Rupa Ashok Hurrah v. Ashok Hurrah and Ors.' in Writ Petition (C) No. 509 of 1997.

2. (1) The petitioner, in the curative petition, shall aver specifically that the grounds mentioned therein had been taken in the Review Petition and that it was dismissed by circulation.(2) A Curative Petition shall be accompanied by a certificate of the Senior Advocate that the petition meets the requirements delineated in the above case. (3) A curative petition shall be accompanied by a certificate of the Advocate on Record to the effect that it is the first curative petition in the impugned matter.

3. The Curative Petition shall be filed within reasonable time from the date of Judgment or Order passed in the Review Petition.

4. (I) The curative petition shall be first circulated to a Bench of the three senior-most judges and the judges who passed the judgment complained of, if available. (2) Unless otherwise ordered by the Court, a curative petition shall be disposed of by circulation without any oral arguments but the petitioner may supplement his petition by additional written arguments.

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