Swami Sadashiva Brahmendra Sar (Nil) 21 August 2009

Writ against conviction

Dear friends, today before a division bench of Allahabad High Court the question arose as to whether a writ petition is maintainable against order of conviction by general court martial which is subject to confirmation by superior authority? The court is saying that the writ petition is prematured as the sentence is yet to be confirmed.

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4 Replies

Kiran Kumar (Lawyer) 21 August 2009

i agree with the opinion expressed by the court, when the set procedure is already prescribed and has not been followed then the writ petition is not maintainable at all.

if such a writ is entertained then no one will file appeal in cases (as per the procedure)

SHEKHAR MISHRA (public servant) 21 August 2009

writ petition not maintainable in view of alternative remedy.

Daksh (Student) 05 February 2010

I concur with Shekhar and Kiran,

Best Regards

Daksh

Amardeep Srivastava (Senior Law Officer) 08 February 2010

Since the order of conviction has not attained finality and is subject to confirmation by superior authority, the writ petition is pre-mature. I beg to differ with other views with regard to alternate remedy and procedure.