SC rejects review plea of Kashmiri separatist leader

New Delhi, Aug 30 (PTI) The Supreme Court today dismisseda plea of Ashiq Hussain Faktoo, Kashmiri separatist leader anda former member of terror outfit Hizbul Mujahideen, seeking areview of its verdict awarding life imprisonment to him forkilling human rights activist H N Wanchoo. Faktoo, who is in jail since 1993, is the husband of AsiyaAndrabi, also a separatist leader and chairperson of Islamistorganisation Dukhtaran-e-Millat. A three-judge bench headed by Justice Ranjan Gogoi, whichtreated the writ petition of Faktoo as a review plea, said the"comprehension" of the accused that the earlier judgement was"erroneous" would not enable the court to "reopen" the entirecase. The bench, also comprising Justices P C Pant and A MKhanwilkar, said the open court hearing of the reviewpetitions is available as a matter of right "only in deathsentence cases". "The present writ petition under Article 32 of theConstitution of India by no stretch of reasoning would fitinto any of the permissible categories of post convictionexercises permissible in law as laid down by this court. "The doctrine of ex debito justitiae (as of right) beingcircumscribed by the judgment of this court in Rupa AshokHurra …it is for the petitioner to exhaust the said remedy,if is he so inclined and so advised. Merely because in thecomprehension of the writ petitioner the judgment of thiscourt is erroneous would not enable the court to reopen theissue in departure to the established and settled norms andparameters of the extent of permissible exercise ofjurisdiction as well as the procedural law governing suchexercise. "We, therefore, hold that the present writ petition is notmaintainable and is accordingly dismissed subject to theobservations as above," the bench said. Senior advocate Ram Jethmalani, appearing for Faktoo, hadassailed 2003 ruling of the apex court, convicting theseparatist leader, on the ground that his confession recordedunder the TADA was not admissible as evidence on groundsincluding that it had not been corroborated. (More) PTI SJKMNL RKSSK