These Review Petitions, Curative Petitions, Mercy Petitions, Media Petitions are all variations of Soft Law Jurisprudence. The Judges are Soft.
As per The Hurra Standards [See, (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 of the Learned Judges of This Bench (“The Majority Rule”) concludes that the matter needs a hearing that it should be listed.
Hon’ble Justices 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.
Hence, the Optimal Bench for a Circulation of Yakub’s Curative Petition would have been CJI Dattu and Hon’ble Justices Thakur, Dave, Chelameshwar and Joseph. If Chelameshwar and Joseph JJ. were available and did not receive Yakub’s Curative Petition by Circulation, that is inexcusable. If Chelameshwar and Joseph JJ. were not available, the process is not robbed of its legitimacy. Since, as per The Majority Rule, a decision amongst CJI Dattu and Hon’ble Justices Thakur and Dave to list the matter would suffice.
It was 02.04.2015, when the ‘Dattu versus Joseph’ battle broke out [See, http://bit.ly/1MMtVqa]. 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? Did CJI Dattu figure The Majority Rule perfectly? Is Yakub an excuse to bring out something more?
Yakub Memon is a Diamond, is not he? And Diamonds are Forever!