P C PANDE Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution of India for issue of writ of Habeas Corpus and for issue of writ in the nature of Certiorari for quashing or setting aside the order of conviction and sentence dated 13-9-1977 passed by the General Security Force Court (hereinafter referred to as 'the Court' ). At present the petitioner is undergoing sentence in the Central Jail, Jodhpur.

(2.) THE material facts may briefly be stated as follows :

(3.) IT was further stated in the reply that there is no contravention of any of the provisions of law. The detention of the petitioner as a result of the conviction and sentence, is legal and in such circumstances the petitioner is not entitled to invoke the extraordinary original jurisdiction and so the petition is not maintainable. In the alternative it was pleaded that even if there are any irregularities and illegalities in the trial of the petit;oner they cannot be looked in to in the proceedings relating to Habeas Corpus and the writ of Habeas Corpus does not lie for questioning the validity of such conviction as the petitioner has been convicted and sentenced under the provisions of the Act and Rules and the conviction and sentence have been confirmed by the competent authority and the proceedings of the court are not open to scrutiny in the petition under Article 226 of the Constitution.