A.M. Khanwilkar JUDGMENT
Ranjan Gogoi, J.
1. The writ Petitioner has been convicted by this Court by its judgment and order dated 30th January, 2003 passed in Criminal Appeal No. 889 of 2001 Under Section 3 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (hereinafter referred to as "TADA Act") and Under Section 302 read with Section 120B of the Indian Penal Code, 1860 (hereinafter referred to as "Indian Penal Code"). He has been sentenced, inter alia, to undergo imprisonment for life. The review petitions filed by the writ Petitioner as also by the co-accused (Mohd. Shafi Khan @ Mussadiq Hussain) against the aforesaid judgment dated 30th January, 2003 i.e. Review Petition (Criminal) No. 478 of 2003 and Review Petition (Criminal) No. 1377 of 2003 have been dismissed by order dated 2nd September, 2003 of this Court. Curative Petition filed by the co-accused (Mohd. Shafi Khan @ Mussadiq Hussain) i.e. Curative Petition (Criminal) No. 23 of 2004 in Review Petition (Criminal) No. 1377 of 2003 in Criminal Appeal No. 889 of 2001 has also been dismissed by order dated 2nd February, 2005 of this Court. Thereafter, this writ petition Under Article 32 of the Constitution of India has been filed by the present accused writ Petitioner making the following prayers:
(a) Issue a writ in the nature of habeas corpus or other similar direction, order or writ to the Respondents thereby commanding them to produce the Petitioner before this Hon'ble Court and thereafter forthwith release him from illegal custody; and
(b) grant any other or further reliefs as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case and in the interests of justice.
2. Notwithstanding the prayers made, extracted above, in essence, the writ petition seeks interference with the order of conviction and the sentence imposed on the Petitioner by this Court by its judgment and order dated 30th January, 2003 passed in Criminal Appeal No. 889 of 2001.
3. The Bench initially hearing the present writ petition had passed an order dated 24th September, 2014 to the following effect:
We have been apprised by Mr. Jethmalani as the writ petition was filed, no application for review was filed. We are of the considered opinion if the present writ petition is converted to a review petition and heard in the open Court on the fundamental principles of review as well as the maxim ex debito justitiae, the cause of justice would be sub-served and accordingly we direct the Registry to convert the present writ petition to a review petition and list before the appropriate Bench in open Court as expeditiously as possible.
Ordered accordingly
Subsequently the matter has been referred to a larger ........