Review Petition

Subject :Polity

Context:

The Supreme Court has dismissed a petition filed by 2002 Gujarat riots victim BilkisBano, seeking review of its May 2022 order.

What is Review Petition:

The review petition is a petition in which it is prayed before the Court of law to review its order or judgement which it has already pronounced.
The Court may accept a review petition when a glaring omission or patent mistake or like grave error has crept in earlier by judicial fallibility.
Under Article 137 of the Constitution, the Supreme Court has the power to review any of its judgments or orders.

What is the Scope of Review

The Court has the power to review its rulings to correct a patent error and not minor mistakes of inconsequential import. A review is by no means an appeal in disguise.
That means the Court is allowed not to take fresh stock of the case but to correct grave errors that have resulted in the miscarriage of justice.

What are the grounds for considering Review Petition:

It needs to be noted that the Court does not entertain every review petition filed. It exercises its discretion to allow a review petition only when it shows the grounds for seeking the review.
The Supreme Court has laid down three grounds for seeking a review of a verdict in its 2013 judgment it has delivered:
- 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;
- Mistake or error apparent on the face of the record; or
- Any other sufficient reason that is analogous to the other two grounds.
In another 2013 ruling of Union of India vs. Sandur Manganese & Iron Ores Ltd, the court laid down nine principles on when a review is maintainable

What is the procedure for filling review petition in the Court:

As per the Civil Procedure Code and the Supreme Court Rules, any person aggrieved by a ruling can seek a review. This implies that it is not necessary that only parties to a case can seek a review of the judgment.
A Review Petition has to be filed within 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 establish strong reasons that justify the delay.
Except in cases of death penalty, review petitions are heard through circulation by judges in their chambers.
They are usually not heard in open court.
Lawyers in review petitions usually make their case through written submissions, and not oral arguments.
The same judges who passed the original verdict usually also hear the review petition.

What are option available after Review Petition fails:

In Roopa Hurra v Ashok Hurra case (2002), the Court evolved the concept of a curative petition, which can be heard after a review petition is dismissed.
A curative petition is also entertained on very narrow grounds like a review petition and is generally not granted an oral hearing.