The Supreme Court in a landmark judgement on Wednesday ruled that its order cannot be assailed under Article 32 of the Constitution which provides a citizen to seek legal remedy through a writ petition when his fundamental right is violated. Laying down certain norms and guidelines for remedy when a judgement is without jurisdiction and against the public interest, a constitution bench headed by Chief Justice S P Bharucha said a remedy for the same would lay through a curative petition.

The bench including Justice Syed Shah Mohammed Quadri, Justice U C Banerjee, Justice S N Variava, Justice Shivaraj V Patil, in an unanimous decision, said if a petitioner felt genuinely aggrieved by a judgement of the apex court he would have the right to approach the court through a curative writ.

Such a writ would be placed before a three-judge bench which would decide whether it had the merit to be entertained.
If the bench came to the conclusion that the petitioner has a genuine complaint against the judgement and there is prima facie miscarriage of justice or the order is outside the jurisdiction of the court, the curative writ would be heard on merit, it said. Bureau Report