15-April-2024-Editorial

CURATIVE PETITION 

The Supreme Court of India recently overturned its previous judgement in the Delhi Metro Rail Corporation (DMRC) vs Delhi Airport Metro Express Pvt. Ltd. (DAMEPL) case, 2021, through a curative petition.  

This decision reverses an earlier arbitration award of nearly Rs 8,000 crore in favour of DAMEPL, a consortium led by Reliance Infrastructure Ltd. 

Background: 

• In 2008, DMRC and DAMEPL collaborated for the Delhi Airport Metro Express project. 
• Due to disputes, DAMEPL terminated the agreement in 2013, leading to legal battles. 
• An arbitration panel favoured DAMEPL, directing DMRC to pay Rs 8,000 crore. 
• The Delhi High Court asked DMRC to deposit 75% of this amount in an escrow account. 
• However, a subsequent appeal overturned this decision in favour of DMRC in 2019. 
• DAMEPL then approached the Supreme Court, which upheld the arbitral award in 2021. 

Recent Judgement: 

• The Supreme Court ruled in favour of DMRC, citing a “fundamental error” in its earlier judgement. 
• This highlights the significance of curative petitions in rectifying grave miscarriages of justice and reaffirms the court’s commitment to ensuring justice, even after a final verdict. 

About Curative Petition: 

• Definition: A curative petition is a rare legal remedy post the dismissal of a review plea against a final judgement. 
• Objective: It aims to prevent miscarriages of justice and deter legal process abuse. 
• Decision Process: Typically decided by judges in chambers, with open-court hearings possible upon request. 

• Legal Basis: Established in the case of Rupa Ashok Hurra Vs Ashok Hurra & another, 2002. 

Criteria for Entertaining a Curative Petition: 

• Violation of Natural Justice: Demonstrated breach of principles like the petitioner not being heard. 
• Apprehension of Bias: Grounds to suspect bias, such as failure to disclose relevant facts. 

Guidelines for Filing: 

• Certification: A senior advocate must certify the petition, highlighting substantial grounds. 
• Initial Review: Circulated to a bench of the three senior-most judges, and judges from the original judgement, if available. 
• Hearing: Listed for consideration if a majority deem it necessary. 
• Role of Amicus Curiae: An appointed senior counsel assists the bench as amicus curiae. 
• Cost Implications: Exemplary costs may be imposed if the petition is deemed vexatious. 
• Judicial Discretion: Emphasized as a rare recourse, reviewed with caution. 

Supreme Court of India special powers: 

• Dispute Resolution: Exclusive original jurisdiction in disputes between the Government of India and States under Article 131. 
• Discretionary Jurisdiction: Power to grant special leave to appeal from any court or tribunal in India under Article 136. 
• Advisory Jurisdiction: Advisory opinions under Article 143, where the President refers matters to the Court. 
• Contempt Proceedings: Authority to punish for contempt under Articles 129 and 142. 

Review and Curative Powers: 

• Article 145: Grants authority to make rules for regulating the practice and procedure of the Court, including reviewing judgments. 

Conclusion: 

The recent Supreme Court judgement in the DMRC vs DAMEPL case underscores the court’s commitment to justice, even when correcting its previous decisions through curative petitions.