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Review Petition In Supreme Court

In India, if a party is not satisfied with the judgment or order of the Supreme Court, they have the option to file a review petition as a legal remedy. The review petition is presented before the same court that issued the original judgment. According to Article 137 of the Constitution of India, the Supreme Court has the authority to review any of its judgments or orders.

However, this power is subject to Rules established by the Supreme Court under Article 145 and also subject to any laws enacted by parliament. Additionally, as per the Supreme Court Rules (2013 - XLVII.2), a review petition must be filed within 30 days from the judgment or order for which a review is being sought. The petition must be presented before the same Bench that delivered the original decision.

Grounds for Review

A review petition can only be filed on specific grounds. There are several grounds for filing a review petition in court, but it's crucial to understand their strict definitions and not misuse them to reargue the case or introduce new evidence.

The main grounds include identifying clear errors in the record, presenting previously unavailable evidence that is both new and significant, or providing a compelling reason for review based on specific circumstances or if there is an apparent mistake or error on the record itself or if there is any other valid reason, as stated by the Supreme Court in the case of Union of India v. Sandur Manganese & Iron Ores Ltd decided on April 23, 2013.

Time Limit
A review petition must typically be filed within 30 days of the judgment or order being reviewed. It's important to understand that anyone who is affected by a court ruling has the right to request a review, not just the parties directly involved in the case. Although rare, the Supreme Court might permit an extension of time limit for filing the review petition if there are significant reasons to justify it.

Procedure for Filing
To file a review petition, it is advisable to seek assistance from an experienced advocate or lawyer who can help draft and submit the petition. The petition should clearly outline the grounds for review and include legal arguments and supporting precedents. Additionally, all required court fees must be paid before filing the review petition.

Consideration by the Court
In general, review petitions in court are typically considered without oral arguments from lawyers. Instead, they are reviewed "through circulation" by the judges in their chambers. There are exceptional cases where an oral hearing may be permitted. For instance, in a 2014 case, the Supreme Court decided that all review petitions concerning death penalty cases would be heard in open court by a panel of three judges.

Additionally, review petitions are usually heard by the same combination of judges who issued the original order or judgment being reviewed. The Supreme Court will assess the petition to determine if it qualifies for review. In cases where the arguments lack substantial merit, the petition may be rejected.

However, if the review petition is accepted, the Supreme Court will thoroughly reevaluate its initial judgment considering the presented evidence and arguments. Depending on the strength of the review, the court may choose to modify, uphold, or overturn its original ruling. Conversely, if the review petition is denied, the original judgment remains unchanged.

Further Appeal
If a party remains unsatisfied with the result of the review petition, there are other legal options available. They can consider filing a curative petition in exceptional cases or pursuing remedies provided by other laws. It's important to note that review petitions are not commonly used as a way to challenge court decisions. They are specifically intended for cases where there are clear errors or strong justifications for reconsidering the judgment.

For submitting a review petition, it's recommended to consult with experienced attorneys who have knowledge of Supreme Court procedures. The rules and requirements can be intricate and differ based on each unique case.

Review petitions are not heard in open court. Instead, they are reviewed by judges privately in their chambers through a process known as "circulation." During a review petition case, lawyers typically present their arguments through written submissions rather than oral arguments. It's an opportunity for the accused side to seek justice from the Supreme Court even after declaration of the final court judgment.

Written By: Md.Imran Wahab, IPS, IGP, Provisioning, West Bengal
Email: [email protected], Ph no: 9836576565

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