Centre for Juridical Science and Policy Research
International Journal of Juridical Science and Policy (IJJSP)
Vol. 1 · Issue 1 · 2026
Key information
The introduction of the curative petition by the Supreme Court of India in Rupa Ashok Hurra v. Ashok Hurra (2002) marks a critical shift in procedural law. This remedy attempts to strike a difficult balance between two conflicting legal needs: the finality of litigation and the absolute necessity to prevent a gross miscarriage of justice. By reviewing significant judgments in criminal, commercial, and administrative spheres—such as State of M.P. v. Sugar Singh, DMRC v. DAMEL, and the forensic debates in Surendra Koli v. State of Uttar Pradesh (2025)—this paper evaluates how the curative jurisdiction operates in practice. The study analyzes whether this extraordinary remedy serves as a genuine safeguard for civil liberties or if it acts as a procedural loophole that unintentionally weakens the finality of the Indian judicial process.
