Review Petition

Constitutional Provision

Under Article 137 of the Constitution, the Supreme Court has the power to review any of its judgments or orders.

Scope of Review

• The Court has the power to review its judgements to correct a “patent error” and not “minor mistakes of inconsequential import”. A review is by no means an appeal in cover.
• That means the Court is authorized not to take clean inventory of the case however to correct grave mistakes that have resulted in the miscarriage of justice.

Filing Review Petition

• As in line with the Civil Procedure Code and the Supreme Court Rules, any individual aggrieved by a ruling can seek for a review. This means that it isn’t important that only events to a case can seek a review of the judgment.
• A Review Petition needs to be filed in 30 days of the date of judgment or order.
• In certain circumstances, the court can condone the delay in filing the review petition if the petitioner can set up robust motives that justify the delay.

Grounds for Considering Review Petition

• It needs to be cited that the Court does not entertain every review petition filed. It exercises activities its discretion to allow a review petition best while it shows the grounds for in search of the overview.
• The Supreme Court has laid down three grounds for in search of a review of a verdict it has delivered:
  • The discovery of latest and vital depend or proof which, after the exercise of due diligence, was not inside the information of the petitioner or couldn’t be produced by him;
  • Mistake or blunders obvious on the face of the record; or
  • Any different sufficient motive that is analogous to the other grounds.

Procedure inside the Court

• Review petitions are normally entertained without oral arguments through lawyers. Thus, it’s heard “through circulation” by the judges of their chambers.
• However, in exquisite cases, the court permits an oral hearing. In a 2014 case, the Supreme Court held that overview petitions in all dying penalty cases can be heard in open court by a Bench of 3 judges.
• Review petitions also are heard by the same combination of judges who added the unique order or judgment that is sought to be reviewed.

Option after Review Petition Fails

• In the Roopa Hurra v Ashok Hurra case (2002), the Court developed the idea of a healing petition, which may be heard after a review petition is disregarded. Anyhow, the Supreme Court’s verdict can not result in a miscarriage of justice.
• A healing petition is also entertained on very narrow grounds like a review petition and is typically not granted an oral hearing.

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