ASHIQ HUSSAIN FAKTOO versus UNION OF INDIA & ORS.

ASHIQ HUSSAIN FAKTOO versus UNION OF INDIA & ORS.

The writ petition under Article 32 seeking interference with conviction and sentence is not maintainable after dismissal of review petitions; the doctrine of ex debito justitiae applies only in limited situations of manifest injustice or judicial bias as defined in Rupa Ashok Hurra; mere perception of erroneous judgment does not justify reopening concluded cases.

Parties
Petitioner: Ashiq Hussain Faktoo; Respondent: Union of India & Ors.
Jurisdiction
India
Judgment Date
30 August 2016
Procedural Posture
Writ Petition (criminal) No. 46 of 2008 / Dismissal After Hearing on Maintainability
Outcome
writ petition dismissed as not maintainable
Legal Topics
Conviction, Sentence, Review, Curative Petition, Ex Debito Justitiae, TADA Act, Indian Penal Code, Maintainability of Post Conviction Petitions
Criminal Law Constitutional Law Conviction Sentence Review Curative Petition Ex Debito Justitiae TADA Act +2 more

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Parties

Ashiq Hussain Faktoo

Petitioner

Union of India & Ors.

Respondent

Procedural Posture

Writ Petition (criminal) No. 46 of 2008 / Dismissal After Hearing on Maintainability

Legal Issues

  1. 1 Whether the writ petition under Article 32 is maintainable after conviction and dismissal of review petition
  2. 2 Applicability of the doctrine of ex debito justitiae in reopening concluded cases

Ratio Decidendi

The writ petition under Article 32 seeking interference with conviction and sentence is not maintainable after dismissal of review petitions; the doctrine of ex debito justitiae applies only in limited situations of manifest injustice or judicial bias as defined in Rupa Ashok Hurra; mere perception of erroneous judgment does not justify reopening concluded cases.

Court Disposition

writ petition dismissed as not maintainable

Orders

  • Writ petition under Article 32 is dismissed subject to the observations regarding curative remedy.