The Supreme Court on Tuesday reserved its verdict on Surendra Koli’s curative petition challenging his conviction and death sentence in one of the Nithari killings cases, saying his petition "deserves to be allowed”.
A judicially-devised mechanism in Rupa Ashok Hurra v Ashok Hurra in 2002, curative petitions are considered to be the last hope for a litigant to get justice. Generally, a curative petition is not taken up in open court and is entertained on the grounds of violation of principles of natural justice. It’s heard by circulation among the members of the Bench. However, in exceptional cases, the top court can grant an open court hearing.
A Bench of Chief Justice of India BR Gavai, Justice Surya Kant and Justice Vikram Nath – which granted an open court hearing to Koli, noted that