Supreme Court of India

MAHAMUDUL HASSAN versus UNION OF INDIA & OTHERS on 8 October 2010

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MAHAMUDUL HASSAN

V.

UNION OF INDIA & OTHERS (Writ Petition (Crl.) No. 109 of 2010)

OCTOBER 08, 2010

[MARKANDEY KATJU AND T.S. THAKUR, JJ.]

A

B

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.

F

The following order of the Court was delivered

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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 H

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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