REVIEW PETITION - POLITY

News: Bilkis Bano’s plea rejected by SC: What is a review petition?

 

What's in the news?

       On December 17, the Supreme Court rejected a review petition filed by Bilkis Bano, reported Bar and Bench.

       The petition challenged the apex court’s May order that permitted the Gujarat Government to decide on the remission of the 11 convicts who gangraped her and murdered seven members of her family during the 2002 Godhra riots in Gujarat.

       Bilkis’s plea against the top court’s May 13 judgment claimed that the remission policy of the State of Maharashtra instead of Gujarat should apply in her case, since the trial in the case had happened in Maharashtra.

 

Review Petition:

       A judgment of the Supreme Court becomes the law of the land, according to the Constitution.

       It is final because it provides certainty for deciding future cases.

       However, the Constitution gives, under Article 137, the Supreme Court the power to review any of its judgments or orders.

 

Circumstances of Review Petition:

       This departure from the Supreme Court’s final authority is entertained under specific, narrow grounds.

       So, when a review takes place, the law is that it is allowed not to take fresh stock of the case but to correct grave errors that have resulted in the miscarriage of justice.

       In a 1975 ruling, Justice Krishna Iyer said a review can be accepted “only where a glaring omission or patent mistake or like grave error has crept in earlier by judicial fallibility”. Thus, it is generally rare for the Supreme Court to admit reviews.

 

Grounds for Review Petition:

In a 2013 ruling, the Supreme Court itself laid down three grounds for seeking a review of a verdict it has delivered such as

  1. The discovery of new and important matter or evidence which, after the exercise of due diligence, was not within the knowledge of the petitioner or could not be produced by him.
  2. Mistake or error apparent on the face of the record.
  3. Any other sufficient reason.

 

In subsequent rulings, the court specified that “any sufficient reason” means a reason that is analogous to the other two grounds.

 

Who can file a review petition?

       It is not necessary that only parties to a case can seek a review of the judgment on it.

       As per the Civil Procedure Code and the Supreme Court Rules, any person aggrieved by a ruling can seek a review.

       However, the court does not entertain every review petition filed.

 

What is the procedure the court uses to consider a review petition?

       As per 1996 rules framed by the Supreme Court, a review petition must be filed within 30 days of the date of judgment or order.

       In certain circumstances, the court can condone a delay in filing the review petition if the petitioner can establish strong reasons that justify the delay.

       The rules state that review petitions would ordinarily be entertained without oral arguments by lawyers.

       It is heard “through circulation” by the judges in their chambers.

       Review petitions are also heard, as far as practicable, by the same combination of judges who delivered the order or judgment that is sought to be reviewed.

       If a judge has retired or is unavailable, a replacement is made keeping in mind the seniority of judges.

 

In exceptional cases, the court allows an oral hearing. In a 2014 case, the Supreme Court held that review petitions in all death penalty cases will be heard in open court by a Bench of three judges.

 

What if a review petition fails?

Curative Petition:

       As the court of last resort, the Supreme Court’s verdict cannot result in a miscarriage of justice.

       In Rupa Hurra vs Ashok Hurra (2002), the court itself evolved the concept of a curative petition, which can be heard after a review is dismissed to prevent abuse of its process.

       A curative petition is also entertained on very narrow grounds like a review petition, and is generally not granted an oral hearing. It is yet to be seen if Bilkis Bano will take this route.