No leniency for Kashmiri separatist jailed since 1993: Supreme Court

The Supreme Court on Tuesday dismissed a plea of Ashiq Hussain Faktoo, a Kashmiri separatist and former Hizbul Mujahideen militant, seeking a review of the life sentence award to him for killing human rights activist H N Wanchoo.

Published: 31st August 2016 06:54 AM  |   Last Updated: 31st August 2016 09:28 AM   |  A+A-

NEW DELHI: The Supreme Court on Tuesday dismissed a plea of Ashiq Hussain Faktoo, a Kashmiri separatist and former Hizbul Mujahideen militant, seeking a review of the life sentence award to him for killing human rights activist H N Wanchoo.

Faktoo, who has been in jail since 1993, is the husband of separatist leader Asiya Andrabi.

A three-judge bench headed by Justice Ranjan Gogoi said the contention that the judgment was erroneous would not enable the court to reopen the entire case. The bench said the open-court hearing of review petitions is a matter of right only in cases involving death sentence.

“The present writ petition under Article 32 of the Constitution of India by no stretch of reasoning would fit into any of the permissible categories of post-conviction exercises permissible in law as laid down by this court,” the court said in its verdict.

Senior advocate Ram Jethmalani, appearing for Faktoo, assailed the 2003 verdict of the apex court convicting the separatist leader, on the ground that his confession recorded under the TADA was not admissible as evidence on grounds, including that it had not been corroborated.

The apex court referred to a Constitution bench judgment in the Rupa Ashok Hurra case in which the legal doctrine of ex debito justitiae — a matter ex debito justiciae is one which a litigant is entitled merely upon asking for it — had been dealt with.

The court noted that if a judgement is such that it has the effect of eroding the public confidence in the justice delivery system, only then it can revisit the entire case to set the things right, which it said is not the case at hand. 

The Supreme Court on Tuesday dismissed a plea of Ashiq Hussain Faktoo, a Kashmiri separatist and former Hizbul Mujahideen militant, seeking a review of the life sentence award to him for killing human rights activist H N Wanchoo.

Faktoo, who has been in jail since 1993, is the husband of separatist leader Asiya Andrabi.

A three-judge bench headed by Justice Ranjan Gogoi said the contention that the judgment was erroneous would not enable the court to reopen the entire case. The bench said the open-court hearing of review petitions is a matter of right only in cases involving death sentence.

“The present writ petition under Article 32 of the Constitution of India by no stretch of reasoning would fit into any of the permissible categories of post-conviction exercises permissible in law as laid down by this court,” the court said in its verdict.

Senior advocate Ram Jethmalani, appearing for Faktoo, assailed the 2003 verdict of the apex court convicting the separatist leader, on the ground that his confession recorded under the TADA was not admissible as evidence on grounds, including that it had not been corroborated.

The apex court referred to a Constitution bench judgment in the Rupa Ashok Hurra case in which the legal doctrine of ex debito justitiae — a matter ex debito justiciae is one which a litigant is entitled merely upon asking for it — had been dealt with.

The court noted that if a judgement is such that it has the effect of eroding the public confidence in the justice delivery system, only then it can revisit the entire case to set the things right, which it said is not the case at hand. 

Stay up to date on all the latest Nation news with The New Indian Express App. Download now
(Get the news that matters from New Indian Express on WhatsApp. Click this link and hit 'Click to Subscribe'. Follow the instructions after that.)

Comments

Disclaimer : We respect your thoughts and views! But we need to be judicious while moderating your comments. All the comments will be moderated by the newindianexpress.com editorial. Abstain from posting comments that are obscene, defamatory or inflammatory, and do not indulge in personal attacks. Try to avoid outside hyperlinks inside the comment. Help us delete comments that do not follow these guidelines.

The views expressed in comments published on newindianexpress.com are those of the comment writers alone. They do not represent the views or opinions of newindianexpress.com or its staff, nor do they represent the views or opinions of The New Indian Express Group, or any entity of, or affiliated with, The New Indian Express Group. newindianexpress.com reserves the right to take any or all comments down at any time.

flipboard facebook twitter whatsapp