[2010] 12 S.C.R. 257
MAHAMUDUL HASSAN
V.
UNION OF INDIA & OTHERS
(Writ Petition (Crl.) No. 109 of 2010)
OCTOBER 08, 2010
[MARKANDEY KATJU AND T.S. THAKUR, JJ.]
Constitution of India, 1950:
A
B
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.
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
ORDER
Heard learned counsel for the petitioner.
E
F
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.
Lex