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2010 Supreme(SC) 970
Supreme Court of India
MARKANDEY KATJU & T.S. THAKUR
Mahamudul Hassan
Versus
Union of India & Others
WRIT PETITION(CRL.) NO.109 OF 2010
Decided on: 08-10-2010
Advocate Appeared:
For the Petitioner:Shanti Ranjan Das (for Mrs. Sarla Chandra), Advocate.
The petitioner has the right to appeal to the High Court and approach the executive authority or the Governor under relevant legal provisions.
Headnote:
Article 32 - Foreigners Act - The court dismissed the writ petition of a Bangladesh national convicted under the Foreigners Act, stating that the petitioner has the right to appeal to the High Court or approach the executive authority or the Governor under relevant legal provisions.
Fact of the Case:
The petitioner, a Bangladesh national, was convicted under the Foreigners Act for illegally entering India and sentenced to imprisonment and a fine.
Finding of the Court:
The court dismissed the writ petition, stating that the petitioner has the right to appeal to the High Court or approach the executive authority or the Governor under relevant legal provisions.
Issues: Petitioner's grievance against the judgment, right of appeal, and approach to executive authority or Governor.
Ratio Decidendi: The court emphasized the petitioner's right to appeal to the High Court and approach the executive authority or the Governor under relevant legal provisions.
Final Decision: The writ petition was dismissed.
Judgment
1. Heard learned counsel for the petitioner.
2. This is a petition under Article 32 of the Constitution making various prayers.
3. Petitioner, who is a Bangladesh national, has been convicted by the Additional Sessions Judge, Dakshin Dinajpur 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.
4. In our opinion, if the petitioner has a grievance against that 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 Article 161 of the Constitution.
With these observations, the Writ Petition is dismissed.
Petition dismissed.
