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BHUSHAN RAMKRISHNA GAVAI, SURYA KANT, VIKRAM NATH
Surendra Koli – Appellant
Versus
State of Uttar Pradesh – Respondent
JUDGMENT :
VIKRAM NATH, J.
1. Delay condoned.
This curative petition presents an exceptional case for the exercise of our curative jurisdiction. The petitioner shows that a manifest miscarriage of justice endures and that two sets of outcomes resting on the same evidentiary foundation cannot lawfully coexist. When final orders of this Court speak with discordant voices on an identical record, the integrity of adjudication is imperilled and public confidence is shaken. In such a situation, intervention ex debito justitiae is not an act of discretion but a constitutional duty. We therefore entertain this petition to preserve the purity of this Court’s process and to vindicate the rule of law.
2. The curative jurisdiction of this Court exists to prevent abuse of process and to cure a gross miscarriage of justice. In Rupa Ashok Hurra vs. Ashok Hurra, (2002) 4 SCC 388 the Constitution Bench of this Court recognised that this power flows from the inherent authority of this Court to do complete justice and to protect the integrity of its judgments. However, the constitutional source of this power is coherent and limited. Article 129 of the Constitution of India (hereinafter “The Constitution”
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