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Supreme Court of India 2016-08-30 dismissed

Ashiq Hussain Faktoo vs Union of India & Ors

Bench: 3 — Ranjan Gogoi

In Brief

This case concerns a writ petition challenging a life sentence imposed by the Supreme Court under terrorism and murder laws. The petitioner sought habeas corpus relief, arguing the conviction was based on an unlawful confession obtained in police custody and violated procedural protections. The Court held the writ petition unmaintainable, clarifying that the equitable doctrine of ex debito justitiae—which allows reconsideration of concluded judgments to prevent manifest injustice—applies only where orders were passed without notice or undermine public confidence in the judiciary. Mere disagreement with legal application or factual findings cannot revive closed cases; established post-conviction remedies must be exhausted first.

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Criminal Procedure Post-Conviction Remedies Habeas Corpus Jurisdiction Ex Debito Justitiae Terrorism Law Evidence

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