Review Petitions, Curative Petitions, Mercy Petitions, Media Petitions are all variations of soft law jurisprudence. Judges are soft.
As per standards of Hurra [(2002) 4 SCC 388] a Curative Petition shall be circulated amongst the “3 Senior-Most Judges” of the SC and the “Judges who passed the Judgment complained of, if available”. When a Majority concludes that a hearing is required, it should be listed.
Hon’ble Judges Dave, Chelameshwar and Joseph heard Yakub’s Review Petition, decided on 09.04.2015. Hon’ble Justice Dave is the 3rd Senior-Most Judge of the SC.
The optimal Bench for a circulation of Yakub’s Curative Petition would have been CJI Dattu and Hon’ble Judges Thakur, Dave, Chelameshwar and Joseph. It is inexcusable, if Chelameshwar and Joseph JJ. were available and did not receive Yakub’s Curative Petition. If Chelameshwar and Joseph JJ. were not available, the process is not robbed of its legitimacy.
It was 02.04.2015, when the ‘Justice Dattu v. Justice Joseph’ battle broke out. That one escalated quickly. Amidst it all, on 09.04.2015, Yakub’s Review Petition was decided. Did Hon’ble Justice Joseph not receive a copy Yakub’s Curative Petition because CJI Dattu was angry?
Diamonds are forever!!