Supreme Court of India Current Affairs - 2020

Supreme Court rejects Curative Petitions filed over Nirbhaya Case: What are Curative Petitions?

On March 16, 2020, the Supreme Court of India rejected the curative petitions filed over Nirbhaya case.

A Brief outlook

In September 2013, a fast track court of Delhi found the defendants guilty and pronounced death penalty to those accused of rape and murder of a 23-year old female. Since then the accused were appealing to high court of Delhi and Supreme Court of India. Recently, the accused had filed a curative petition seeking to put his execution on hold. However, the Supreme Court has rejected their pleas and the accused are to be hanged on 20th March, 2020.

The mercy petition and review petition were also rejected by the Supreme Court

What is Curative Petition?

A curative petition is filed after the plea conviction against final conviction is dismissed. The Curative petitions are filed under Article 142 of the constitution. It shall be filed after the review petition is dismissed by the apex court.

The concept of Curative petition is supported by the Article 137 of Constitution of India. The Article enables Supreme Court to review its own judgements made under Article 145.

Article 145

The article empowers the Supreme Court to make rules for regulating practices and procedures of the Court. The rules include proceedings in the court, to stay proceedings, grant bail, etc. the minimum number of judges to sit for the purpose of interpretation of the constitution is 5 according to the article.

Review Petition

The Review petitions are filed under Article 137 of the Constitution that enables Supreme Court to review its own judgement. Under Supreme Court rules, 1966, these petitions should be filed within 30 days of judgement.

Supreme Court CJI rules out limited shut down of the court

On February 15, 2020, the Chief Justice of India Bobde announced that total shutdown of Supreme Court and other courts are not possible. The SC on the other hand is to launch virtual courts. The SC Court commences on March 16, 2020 after Holi holidays

Legislation

Article 145 of the Constitution empowers Supreme Court to make its own rules in order to regulate procedure and practices of the court. The holidays, leaves and commencing of the Supreme Court are fixed by the court itself under the article.

According to the Article 145, Supreme Court Rules, 1950 were framed. These rules were amended in 1966, 2013 and 2015.

Under the rules, the SC adopted Rooster System

Rooster System

Under the Rooster system, the CJI is the person eligible to hear leave petitions, matters related to social justice, public interest, elections, criminal matters. He has powers to allocate cases to other justices as well. He also empowered to announce holidays for the court.

With these powers, in the wake of Corona Virus, the CJI has limited the operation of the SC.