The case of Rupa Ashok Hurra vs. Ashok Hurra and Another (2002) is a landmark decision by the Supreme Court of India that introduced the concept of a curative petition. This mechanism allows the Court to reconsider its judgments in exceptional circumstances to prevent gross miscarriage of justice.

###### **Background:**

Rupa and Ashok Hurra were involved in a matrimonial dispute that had been settled by the Supreme Court. After the dismissal of a review petition, Rupa Hurra filed a writ petition under Article 32 of the Constitution, challenging the validity of the Supreme Court's judgment. The primary question was whether an aggrieved person could seek relief against a final judgment after the dismissal of a review petition. 

###### **Supreme Court's Findings:**

The Court held that superior courts do not fall under the ambit of "State" or other authorities under Article 12 of the Constitution. Therefore, a writ petition under Article 32 was not maintainable to challenge the validity of a Supreme Court judgment after the dismissal of a review petition. However, the Court recognized that to prevent abuse of its process and to cure gross miscarriage of justice, it may reconsider its judgments in exercise of its inherent powers. This led to the formulation of the curative petition. 

###### **Curative Petition:**

A curative petition is a mechanism that allows the Supreme Court to review its judgments in rarest of rare cases, particularly when there is a violation of principles of natural justice, bias, or abuse of the court's process. The procedure for filing a curative petition includes:

1. Certification: The petitioner must state that the grounds mentioned were taken in the review petition and that it was dismissed by circulation. This must be certified by a senior advocate.


2. Circulation: The curative petition is circulated to the three senior-most judges and to the judges who delivered the impugned judgment, if available.


3. Decision: If the majority of the judges agree that the matter needs hearing, it is sent to the same bench, if possible.



The curative petition is considered a last resort to correct judicial errors and is entertained only in exceptional circumstances. 

###### **Significance**:

The introduction of the curative petition mechanism ensures that the Supreme Court can rectify its own errors, thereby upholding justice and maintaining public confidence in the judicial system. It serves as a safeguard against potential miscarriages of justice that may not be addressed through regular review or appeal processes.