Ex Debito Justitiae I

The principle of ‘ex debito justitiae’ has been elaborately dealt with in the concurring Judgment of Umesh C. Banerjee J in Rupa Ashok Hurra, (2002) 4 SCC 388, Paragraph 69. The principle is founded on a recognition of a debt that 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 commissions but such recognitions of debt which have the potential of opening new vistas of exercise of jurisdiction to relook concluded cases, must rest on surer foundations which have been discerned and expressed in Rupa Ashok Hurra. Frantic cries of injustice founded on perceived erroneous application of law or appreciation of facts will certainly not be enough to extend frontiers of this jurisdiction.”

Hon’ble Justice Ranjan Gogoi, Ashiq Hussain Faktoo v. Union of India, [Writ Petition (Criminal) No. 46 of 2008].