MAHAMUDUL HASSANversusUNION OF INDIA & OTHERS
- Citation
- 2010 INSC 688
- Decided
- 8 October 2010
- Disposal
- Dismissed
Holding
The Supreme Court has no power to grant relief in the writ petition; the petitioner must appeal to the High Court or seek executive remedies, and the petition is dismissed.
Summary
A Bangladeshi national was convicted under the Foreigners Act, 1946 for illegal entry into India and sentenced to two years' rigorous imprisonment and a fine. He filed a writ petition under Article 32 of the Constitution challenging the conviction and seeking relief from the Supreme Court. The Court examined whether it possessed jurisdiction to entertain such a petition and whether the petitioner could obtain any remedy from the Supreme Court. It held that the petitioner’s remedy lies in filing an appeal before the High Court, or approaching the executive under Section 432 of the Criminal Procedure Code or the Governor under Article 161 of the Constitution. Consequently, the Supreme Court dismissed the writ petition, stating it has no power to grant the relief sought.
Issues considered
- What jurisdiction does the Supreme Court have to entertain a writ petition under Article 32 challenging a conviction under the Foreigners Act?
- Whether the petitioner can obtain relief from the Supreme Court or must resort to appeal to the High Court or executive remedies under Section 432 CrPC or Article 161.
Legislation cited
- Code of Criminal Procedure, 1973s. Section 432
- Constitution of Indias. Article 161, s. Article 32
- Foreigners Act, 1946
Subjects
Judgment
[2010] 12 S.C.R. 257
MAHAMUDUL HASSAN A
V.
UNION OF INDIA & OTHERS
(Writ Petition (Crl.) No. 109 of 2010)
OCTOBER 08, 2010
B
[MARKANDEY KATJU AND T.S. THAKUR, JJ.]
Constitution of India, 1950:
Articles 32 and 161 - Writ petition challenging the order c
passed under the Foreigners Act whereby a Bangladesh
national was sentenced for illegally entering India - HE/ 0:
The petitioner has a right to appeal to High Court on judicial
side - He can also approach the executive authority
concerned uls 432 CrPC or to the Governor under Article 161 0
of the Constitution - Supreme Court being a judicial Court
has no such powers - Writ petition dismissed - Foreigners
Act, 1946 - Code of Civil Procedure, 1973 - s.432.
CRIMINAL ORIGINAL JURISDICTION : Writ Petition
(Criminal) No. 109 of 2010. E
Petition Under Article 32 of the Constitution of India.
Shanti Ranjan Das (for Sarla Chandra) for the Petitioner.
The following order of the Court was delivered F
ORDER
Heard learned counsel for the petitioner.
This is a petition under Article 32 of the Constitution G
making various prayers.
Petitioner, who is a Bangladesh national, has been
convicted by the Additional Sessions Judge, Dakshin Dinajpur
257 H
258 SUPREME COURT REPORTS [2010] 12 S.C.R.
A at Balurghat, West Bengal under the Foreigners Act for illegally
entering India and sentenced to undergo two years rigorous
imprisonment and to pay a fine of Rupees ten thousand.
In our opinion, if the petitioner has a grievance against that
8 judgment, he has a right of appeal to the High Court on the
judicial side. He can also approach the concerned executive
authority under Section 432 Cr.P.C. or to the Governor under
Article 161 of the Constitution of India. This is a judicial Court
and hence this Court has no power which the executive has
under Section 432 Cr.P.C or which the Governor has under
C Article 161 of the Constitution.
With these observations, the Writ Petition is dismissed.
R.P. Writ petition dimissed.
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