A.M. Bhattacharjee, J. - (1.) Article 227 the Constitution, conferring extensive powers of superintendence on the High Court over all Courts and tribunals throughout the territories in relation to which it exercises jurisdiction specifically excludes, under clause thereof, any Court or tribunal constituted by or under any law relating to the Armed Forces, from such power of superintendence. Article 136 of the Constitution, conferring comprehensive powers on the Supreme Court to grant special leave to appeal from the judgment, decree, determination, sentence or order in any cause or matter passed or made by any court or tribunal in the territory of India, also specifically excludes under clause (2) thereof, any court or tribunal constituted by or under any law relating to the Armed Forces, from the operation of that Article.
(2.) But Article 226 of the Constitution, empowering the High Court to issue appropriate writs, directions or orders to any person or authority including the Government, for the enforcement of the rights conferred by Part III of the Constitution or for any other purpose, does not contain any such prohibition or limitation. When the Constitution itself engrafted such express exception is clear words in Article 136 and also in Article 227, but not in Article 226 immediately preceding Article 227, imposition of the very same embargo in Article 226 would amount almost to interpolation. The conclusion, therefore, is irresistible that even though Court Martial under the Army Act, 1950 is not amendable to the appellate Jurisdiction of the Supreme Court under Article 13o or the supervisory jurisdiction of the High Court under Article 227, it must nevertheless yield to the writ Jurisdiction of the High Court under Article 226.
(3.) It appears that U. C. Banerjee, J. of this Court has also come to the same conclusion in Lt. Col. Amal Sankar Bhaduri v/s. Union of India, (9) CWN 631) and the process of reasoning evolved by him therein with forceful felicity cannot but compel my unqualified concurrence. If also appears that the Madhya Pradesh High Court in Subhash Chandra v/s. Union off India. ( : AIR 1973 MP 191) has also expressed the same view.;