Supreme Court of India · 2010-10-08
MAHAMUDUL HASSAN vs UNION OF INDIA & ORS.
- Citation / case number
- SC 2010/60319
- Court
- Supreme Court of India
- Petitioner
- MAHAMUDUL HASSAN
- Respondent
- UNION OF INDIA & ORS.
- Author
- MARKANDEY KATJU,T.S. THAKUR, , ,
- Bench
- MARKANDEY KATJU,T.S. THAKUR, , ,
Judgment text excerpt
The Supreme Court held that a convict has the right to appeal to the High Court under the judicial side and can also seek relief from the executive authority under Section 432 of the Criminal Procedure Code (Cr.P.C.) or from the Governor under Article 161 of the Constitution of India. The Court clarified that it does not possess the powers granted to the executive under Section 432 Cr.P.C. or to the Governor under Article 161. Consequently, the Writ Petition was dismissed.