Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India ~ Art. 32 - Conviction and sentence of life imprisonment by |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Dismissed |
Headnote | Constitution of India ~ Art. 32 - Conviction and sentence of life imprisonment by Supreme Court in appeal u/s.3 of TADA Act and s.302 r/w. s.120B IPC — Review petition dismissed — Writ petition filed by convict u/Art. 32 of the Constitution seeking interference with the order of conviction and sentence on the principle of ex- debito justitiae — Maintainability - Held: The present writ petition u/ Art. 32 does not fit into any of the permissible categories of post conviction exercises permissible in law as laid down by Supreme Court — Merely because in the comprehension of the writ petitioner the judgment of the Supreme Court is erroneous would not enable the Court to reopen the issue in departure to the established and settled norms and parameters of the extent of permissible exercise of jurisdiction as well as the procedural law governing such exercise - Terrorist and Disruptive Activities (Prevention) Act, 1987- s.3 ~ Penal Code, 1860 - s.302 r/w s.120B, Doctrine of ex debito justitiae — Applicability of - Held: Principle of ex debito justitiae is founded on a recognition of a debt that the justice delivery system owes to a litigant to correct an error in a judicial dispensation — Its application, by the very nature of things, cannot be made to depend on varying perceptions of legal omissions and conunissions but such recognition of the debt which have the potential of opening new vistas of exercise jurisdiction to relook concluded cases, must rest on surer foundations which have been discerned and expressed by Supreme Court in Rupa Ashok Hurra case — Maxims ~ Curative petition — Supreme Court Rules, 2013- O. XLVI. |
Judge | Honble Mr. Justice Ranjan Gogoi |
Neutral Citation | 2016 INSC 630 |
Petitioner | Ashiq Hussain Faktoo |
Respondent | Union Of India & Ors. |
SCR | [2016] 5 S.C.R. 884 |
Judgement Date | 2016-08-30 |
Case Number | 46 |
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