writ jurisdiction

Dear Parvathy, I would appreciate if you make your query a bit clear, in a sense, do you mean that the Session court in spite of passing death sentence passed some other sentence like life imprisonmnt? I am amking this request because death sebtence passed by the session court has to be confirmed by the High Court.

sir,wat i mean is that article 227 says abt the right of High Court to put a chk upon subordinate courts . so in that case i agree with u on the point that sec.366 of crpc says that there shud be confirmation of death sentence bt suppose in any case the sessions court says that there shall be no confirmation of death sentence so can we say that the sessions court as acted beyond its jurisdiction and wil the High court hav power under atricle 227 to curtail this order passed by the sessions court?

That is plainly outside the Jusrisdiction of the session Judge from the statements of Law as stated in section 366 of the CrPc, and the learned Session Judge clearly excedeed its power: Yes, the High Court may exercise its power under Article 227 of the Constitution and even otherwise the High Court can interfered by its Reviusional Power Suo motu under sections 397 read with 401 of the criminal Procedure Code. It is true that it is one of the hardest task for the Judge to embark on the issue when the accused scream "I want to Live" and the Prosecutor scream "He deserves to die" yet, there must be decision and the decision should be guided with sound principles of law, and not like the one as embark upon by the Session Judge in your query: as that is unknown to Law.

Before hanging a person, High Court's conmirmation is compulsory and a must. accused also can apply against the seasons court judgement.

yes, curtailing the confirmation of death sentence be said to be in excess of jurisdictn by a seasons court. It is vires. It has no legal value and it will not effect on the merits and demerits of the case. You may apply under Art. 226 + 227, instead of revision. Then vires will be taken into account.

I agree with Mr. Assumi . Nothing needs to be added.