Nirbhaya Case: Two Convicts File Curative Petitions, What This Means

As the noose tightened around the convicts in the Nirbhaya case, 2 out of the 4 facing death sentence, Vinay Sharma and Mukesh Singh in the Nirbhaya rape case, decided to file Curative petitions.

A death warrant for all 4 convicts was issued by the Patiala House court on Tuesday.

What is a Curative Petition?

A curative petition comes into play after the dismissal of a review petition. The Supreme Court of India held in a 2002 case that it may reconsider its judgements exercising its inherent powers. It could do so to prevent abuse of its process and to correct or cure, gross miscarriage of justice. For this specific purpose, the apex court devised what is known as a "curative" petition.

In the Curative petition filed before the court, the petitioner specifically needs to mention the grounds which had been considered in the review petition which had been dismissed by circulation. A senior advocate of the Supreme Court is required to certify this plea.

Dismissal of a petition by circulation would mean a review petition being disposed of by the judges by themselves, without any lawyers being present. The Court, however, may choose to direct an open hearing in court.

The Curative Petition is circulated to the three senior-most judges who had delivered the impugned verdict, provided they are available. It is the last legal recourse available to the 4 convicts in the Nirbhaya case, as they face the gallows on January 22.

Nirbhaya, a paramedic, was brutally gangraped on the intervening night of December 16-17, 2012, and thrown out of a moving bus by six criminals. She died of trauma and injuries on December 29. The gruesome incident shook the nation.