DHIRESH KUMAR CHAKRABORTY Vs. SUPERINTENDENT OF POLICE
HIGH COURT OF MEGHALAYA
Dhiresh Kumar Chakraborty
SUPERINTENDENT OF POLICE
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(1.) Heard Mr. BK Deb Roy, learned counsel for the applicants as well as Mr. VK Jindal, learned senior counsel assisted by Ms. QB Lamare, learned counsel for the respondents.
(2.) These three applications seeking certificates for appeal to the Supreme Court under Article 134A of the Constitution of India against the common judgment and order dated 12.11.2013 are taken up for joint hearing for being disposed of by this common judgment and order.
(3.) Article 134A of the Constitution of India is inserted by the Forty Fourth Amendment of the Constitution of India. Article 134A of the Constitution of India is not an independent article. It is ancillary to Article 132 (1), Article 133(1) and Article 134 (c) (1) of the Constitution of India. For disposal of the present applications for certificate for appeal to the Supreme Court, it would be profitable to see and reproduce Articles 134 & 134A of the Constitution of India hereunder:-
"134. Appellate jurisdiction of Supreme Court in regard to criminal matters - (1) An appeal shall lie to the Supreme Court from any judgment, final order or sentence in a criminal proceeding of a High Court in the territory of India if the High Court -
(a) has no appeal reserved an order of acquittal of an accused person and sentenced him to death; or
(b) has withdrawn for trial before itself any case from any court subordinate to its authority and has in such trial convicted the accused person and sentenced him to death: or
(c) [certifies under Article 134A] that the case is a fit one for appeal to the Supreme Court:
Provided that an appeal under sub-clause (c) shall lie subject to such provisions as may be made in that behalf under clause (1) of Article 145 and to such conditions as the High Court may establish or require.
(2) Parliament may by law confer on the Supreme Court any further powers to entertain and hear appeals from any judgment, final order or sentence in a criminal proceeding of a High Court in the territory of India subject to such conditions and limitations as may be specified in such law."
134A. Certificate for appeal to the Supreme Court - Every High Court, passing or making a judgment, decree, final order, or sentence, referred to in clause (1) of article 132 or clause (1) of article 133, or clause (1) of article 134 -
(a) may, if it deems fit so to do, on its own motion; and
(b) shall, if an oral application is made, by or on behalf of the party aggrieved, immediately after passing or making of such judgment, decree, final order or sentence, determine, as soon as may be after such passing or making, the question whether a certificate of the nature referred to in clause (1) of article 132, or clause (1) of article 133 or, as the case may be, sub-clause (c) of clause (1) article 134, may be given in respect of that case].;
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