Following protests in three districts, the Kerala government will file a review or curative petition against the recent order of the Supreme Court on a 1-km-long buffer zone (eco-sensitive zone) around protected forest areas.
Key issues
- There are 24 wildlife sanctuaries and national parks in the state and around 25,000 families will be evicted if the order is implemented, protesters claim, adding 250,000 acres of land will be consumed by the buffer zone.
Supreme Court judgement on Eco-Sensitive Zone
- A three-judge bench of the Supreme Court, in its order on June 3, said national parks, wildlife sanctuaries and such protected forests must have an eco-sensitive zone (ESZ) of minimum 1-km from their boundaries.
- The court was hearing a PIL to protect forest land in Nilgiris in Tamil Nadu.
- The court said the guidelines issued by the Ministry of Environment, Forest and Climate Change (MEF & CC) on 9 February, 2011, which have either banned or regulated a bunch of activities within the ESZ, should be strictly adhered to.
What is a curative petition?
- A curative petition is a way to ask the court to review and revise their own decision even after a review petition is dismissed or used.
- Every curative petition is decided on the basis of principles laid down by the Supreme Court in Rupa Ashok Hurra Vs Ashok Hurra & another, 2002.
- This was a case of a matrimonial discord where the question of validity of a decree of divorce reached the SC after the woman withdrew the consent she had given to divorce by mutual consent.
- The court ruled that a curative petition can be entertained if the petitioner establishes there was a violation of the principles of natural justice, and that he was not heard by the court before passing an order.
- It will also be admitted where a judge failed to disclose facts that raise the apprehension of bias.
- The SC has held that curative petitions must be rare rather than regular, and be entertained with circumspection.
- A curative petition must be accompanied by certification by a senior advocate, pointing out substantial grounds for entertaining it.
- It must be first circulated to a bench of the three senior-most judges, and the judges who passed the concerned judgment, if available.
- Only when a majority of the judges conclude that the matter needs hearing should it be listed — as far as possible, before the same Bench.
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