SC-SEPARATIST 2 LAST

In its verdict the court referred to a Constitution Bench In its verdict the court referred to a Constitution Benchjudgment in the Rupa Ashok Hurra case in which the legaldoctrine of ‘ex debito justitiae’ had been dealt with. It said that if a judgement is such that it has the effectof "eroding the public confidence in the justice deliverysystem", the apex court can revisit the entire case to set thethings right. "We are of the view that on the strength of theConstitution Bench judgment in Rupa Ashok Hurra case thepresent writ petition would not be maintainable. It would alsonot be maintainable as a review petition inasmuch as reviewpetition filed by the writ petitioner has been dismissed bythis court on 2nd September, 2003. "Open court hearing of review petitions in terms of thejudgment of this court in Mohd. Arif alias Ashfaq (supra) isavailable as of right only in death sentence cases," it said. "…the doctrine of ex debito justitiae would prevail overprocedural law but would be applicable only in a situationwhere the order of this court had been passed without noticeor where the order has the effect of eroding the publicconfidence in the justice delivery system," it said. PTI SJKMNL RKSSK