The Supreme Court of India says that a curative petition is mandatory for filing the certificate of a Senior Advocate

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The Apex Court noticed that for filing of the certificate of a Senior Advocate along with a curative petition is a mandatory essential. In this case, instead of filing the requisite certificate from a Senior Advocate, the petitioner, a convict, filed an application for exemption from filing the said certificate. Taking note of the fact that it is a jail petition, the court referred the matter to the Supreme Court Legal Services Committee. The Committee forwarded a Senior Advocate letter stating inter alia that there is no ground available for filing a curative petition. Justice Hima Kohli remarked while dismissing the petition that "Order XLVIII  Rule 2(2) of the Supreme Court Rules, 2013 makes it mandatory to file a certificate from a Senior Advocate, certifying inter alia that the case is covered in terms of the guidelines laid down in the case of "Rupa Ashok Hurra'' (supra). Since the information received from the Senior Advocate states that no ground is available for entertaining a curative petition, the unregistered Curative Petition is dismissed along with all the pending applications." In Rupa Ashok Hurra vs. Ashok Hurra, the top court had observed thus in the judgment: The petitioner, in the curative petition, shall declare particularly that the grounds mentioned therein had been taken in the review petition and that it was dismissed by circulation. The curative petition shall contain a certification by a Senior Advocate with regard to the fulfillment of the above requirements.