in case of sentence of death...do high court act as a court of referrence only??..i need supporting case laws too...please help...
i have one more doubt...will an writ amounts to revision??
parvathy (nil) 25 January 2010
in case of sentence of death...do high court act as a court of referrence only??..i need supporting case laws too...please help...
i have one more doubt...will an writ amounts to revision??
Swami Sadashiva Brahmendra Sar (Nil) 25 January 2010
1. Sentence of death submitted by Sessions Court to High Court for confirmation is heard and decided on merits by the High Court independently without being influenced by decision of the Sessions Court.
In reference the High Court is bound to consider and arive at it's independent conclusion as to guilt or innocence of the accused. kindly see,
Rama Shanker v State of W.B. AIR 1962 SC 1239;
Massathi v. State of U.P. AIR 1965 SC 202;
State of U.P. v Iftikhar khan AIR 1973 SC 863
Charan Singh v State of Punjab AIR 1975 SC 246.
Subbaiyah Ambalam v State of Tamilnadu AIR 1977 SC 2046
State of Tamilnadu v. Rajendran 1999 CrLJ 4552 (SC)
2. A Writ Petition under Art 226 can not be treated as a Revision . But a Writ petition under Art 227 is essencially in the nature of revision .
Power of Revision is exercised under CPC / Cr.PC or other relevant statutes. Writ jurisdiction (in relation to orders of lower courts and Tribunal)is exercised under Art 227 of the Constitution of India. Both powers can be exercised suo motu. Therefore in exceptional cases where justice so demands, the High Court in its discretion can treat a revision as a writ petition under Art. 227 if it is found that a revision is not maintainable and a writ petition under Art 227 as a revision if it is found that a revision is maintainable.
Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429) 29 January 2010
Thanks again Dr. Tripathy, she actually needs it and we also get knowledge on the matter.
Writ & revision are two different things. Writ made under the provision of Art,226 & 227; where as power of revision derived from CPC / CrPC.