Court case(2002) 4 SCC 388

In a matrimonial dispute the Supreme Court had granted a decree of divorce by mutual consent although the wife had withdrawn her consent during the proceedings. Her review petition was dismissed. She then filed a writ petition under Article 32 against her husband, challenging the final judgment of the Supreme Court itself. The maintainability of such a petition was referred to a Constitution Bench.

Quadri J held that a final judgment of the Supreme Court cannot be assailed under Article 32: following Mirajkar, superior courts of justice do not fall within 'State' or 'other authorities' in Article 12 when acting judicially, and a writ cannot issue to the Supreme Court itself. Nevertheless, to prevent abuse of its process and to cure a gross miscarriage of justice, the Court may reconsider its final judgment in exercise of its inherent power. Such a 'curative petition' lies on narrow grounds: violation of principles of natural justice (for example, the petitioner was not heard) or where a judge failed to disclose a connection with the matter and bias is apprehended. It must be certified by a senior advocate, is circulated to the three senior-most judges and the judges who passed the judgment, and exemplary costs may follow if it lacks merit.