Gurdeep Singh v. State Of Punjab (SC) BS195863

Gurdeep Singh v. State Of Punjab (SC) BS195863 SUPREME COURT OF INDIA

(Large Bench)

Before:- R.C. Lahoti, C.J., N. Santosh Hegde, Y.K. Sabharwal, Shivaraj V. Patil and Arijit Pasayat, JJ.

Curative Petition No. 23 of 2004 in Review Petition (C) No. 1026 of 2003 in CA No. 5985 of 2002. D/d. 11.1.2005.

Gurdeep Singh - Petitioner

Versus

State Of Punjab And Others - Respondens

With

Curative Petition No. 9 of 2004 in Review Petition (C) No. 1028 of 2003 in CA No. 812 of 2002.

Vijay Syal - Petitioner

Versus

State Of Punjab And Others - Respondents

Constitution of India, Articles 137, 141 and 142 - Curative petition - Maintainability of - Curative petition accompanied by Certificate from senior advocate - Certification however not specifically set out the grounds for entertaining the curative petition - Hence certification not fulfil the requirement laid down in Rupa Ashok Hurra case (2002) 4 SCC 388 - Petition dismissed in limine.

[Paras 2, 3 and 4]

Cases Referred :-

Rupa Ashok Hurra v. Ashok Hurra, (2002) 4 SCC 388.

ORDER

R.C. Lahoti, C.J. - We have carefully perused the contents of the curative petition.

2. As held in Rupa Ashok Hurra v. Ashok Hurra, (2002) 4 SCC 388. curative petitions ought to be treated as a rarity. Such a petition may be entertained ex debito justitiae if the petitioner has made out a case of violation of the principles of natural justice, in that he was not a party to the lis but the judgment adversely affected his interests or, if he was a party to the lis, he was not served with notice of the proceedings and the matter proceeded as if he had notice, or where in the proceedings a learned Judge failed to disclose his connection with the subject-matter or the parties giving scope for an apprehension of bias and the judgment adversely affects the petitioner.

3. The curative petition is accompanied by a certificate from a Senior Advocate. The certificate does not specifically set out which of the grounds, if any, for entertaining the curative petition is available in the case. Thus the certification does not fulfil the requirement laid down in Rupa Ashok Hurra case, (2002) 4 SCC 388.

4. No case is made out for entertaining the petition within the parameters laid down in Rupa Ashok Hurra case.

5. The curative petition is dismissed in limine.