Examining Judicial Review and Curative Jurisprudence: A Critical Analysis
Mathews J Nedumpara
a)Review petitions (civil) dismissed- 19710
Allowed- 92
b) Review Petitions (Crl)
Dismissed- 6087
Allowed- 48
c) Curative petitions (civil)
Dismissed- 2155
Allowed- 0
d) Curative petitions (Crl)
Dismissed- 620
Allowed- 3
So far as curative petitions go, I am not concerned.
The curative jurisprudence itself is against the constitution, a judicial legislation, which no court has the power to do. I consider this mechanism to be in ignorance of the elementary jurisprudence. The court failed to comprehend the distinction between res judicata and stare decisis and mistook one for the other, which would be evident anyone who reads Hurra v. Hurra, by which judgment this mechanism of reopening a case even after review has been dismissed came to be invented.
