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Curative petition means the hearing on the facts of a decision of its own by the Supreme Court

Wednesday - January 15, 2020 2:52 pm , Category : INDIA
Nirbhaya case convicts impose curative petition in the Supreme Court
Nirbhaya case convicts impose curative petition in the Supreme Court

So can there be a change in the punishment of the convicts of Nirbhaya case by curative petition?
 
JAN 15 (WTN) - As you know, in the Nirbhaya gang rape-murder case that shook the entire country, the Patiala House Court has issued a death warrant against the four convicts. According to the Death Warrant, the four convicts will be hanged at 7 am on 22 January. But amidst all this, you must have heard and read that the culprits have imposed curative petition in the Supreme Court. Hearing and reading about the curative petition, many people are getting questions about what the curative petition is, and whether applying the curative petition can save the convicts of Nirbhaya from being hanged or postpone their execution. Let’s explain this in detail.
 
For your information, let us know that the curative petition is known as the last resort to get justice in the judicial system. It is through a curative petition that the court listens to a matter of the fact that it is unheard of in a case. Actually, it is a system given by the Supreme Court, which works against its own powers. Let us tell you that in the curative petition, the entire court decision is not discussed, but only a few points are reconsidered in it.
 
The curative petition is used as the last option to convert capital punishment to life for a person convicted of death. That is why the convicts of the Nirbhaya case are adopting the curative petition as the last resort to convert their death sentence to life imprisonment. Through the curative petition of the Nirbhaya case convicts, there will be a demand that their death sentence is changed to life imprisonment.
 
In fact, convicts imposing curative petitions make a variety of arguments to change the nature of the sentence, or to reduce the punishment. For example, it has been said on behalf of Vinay Sharma, a convict who has entered curative petition in the Nirbhaya case, that the court should consider about his death sentence and it should be converted into lifetime imprisoning, as he was only 19 years old at the time of the incident.

Vinay's counsel argues that the court should reconsider its decision after considering Vinay's social and economic background at that stage. In the curative petition from Vinay Sharma, it has been argued that in 17 other cases related to rape and murder, the death sentence has been commuted to life imprisonment. Similarly, he should also be sentenced to life imprisonment instead of hanging.
 
For your information, let us know that there is a difference between the curative petition and the review petition. Explain that in the review petition, the court reconsiders its entire decision, while in the curative petition; the court considers some of the points of its decision. If the court feels that an issue or a point related to a case needs to be reconsidered, it is considered during the curative petition. If a hearing is held during the curative petition in the Supreme Court, and if it is not decided by the day of execution, then the date of hanging may be postponed.

Now you must be wondering how the system of the curative petition came into the Indian judicial system. So for your information, let us know that a curative petition is seen as the last way to get justice, and this right has been given to every citizen of the country. Let us know that the curative petition came from a case of Rupa Ashok Hurra vs Ashok Hurra. In fact, in this case, the question arose before the court whether there was an option even after the review petition was dismissed in the Supreme Court, through which the guilty person could urge the court to consider the matter once more.

After such a question arose, the court said that there should be no partiality with anyone in the judicial system, and this is the court's best effort. On the other hand, if the court feels that due to any decision of its own, there is any kind of partiality with anyone, then it can reconsider some of its points. After this important comment of the court, the system of the curative petition came into the Indian judicial system.
 
Let you know that the curative petition is the only solution after the review petition is dismissed. Courts usually do not accept a curative petition in every case. In very rare cases the court agrees to hear the curative petition. Explain that if the court feels that there has been any kind of neglect in natural justice, then the court agrees to hear the curative petition.

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