JHARIA S/O MANIYA versus STATE OF RAJASTHAN AND ANOTHER

JHARIA S/O MANIYA versus STATE OF RAJASTHAN AND ANOTHER

A petition under Article 32 of the Constitution is not maintainable when it seeks to assail the finality of a Supreme Court decision rendered in a special leave petition under Article 136, as the judgment of the Bench constitutes the decision of the Supreme Court and cannot be upset or challenged through a writ under Article 32.

Parties
Petitioner: Jharia s/o Maniy A; Respondent: State of Rajasthan; Respondent: Another
Jurisdiction
India
Judgment Date
21 July 1983
Procedural Posture
Writ Petition (criminal) No. 1632 of 1981 / Final Disposition on Merits
Outcome
Petition dismissed
Legal Topics
Maintainability of Article 32 Petition, Finality of Supreme Court Decision Under Article 136, Writ of Mandamus, Right to Life and Liberty Under Article 21
Constitutional Law Criminal Law Maintainability of Article 32 Petition Finality of Supreme Court Decision Under Article 136 Writ of Mandamus Right to Life and Liberty Under Article 21

Case Brief

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Parties

Jharia s/o Maniy A

Petitioner

State of Rajasthan

Respondent

Another

Respondent

Procedural Posture

Writ Petition (criminal) No. 1632 of 1981 / Final Disposition on Merits

Legal Issues

  1. 1 Whether a petition under Article 32 is maintainable to assail the finality of the Supreme Court's decision in a special leave petition under Article 136
  2. 2 Whether Supreme Court can issue a writ to itself in respect of judicial proceedings
  3. 3 Whether detention following conviction constitutes deprivation of fundamental rights in violation of Articles 21, 14, and 19

Ratio Decidendi

A petition under Article 32 of the Constitution is not maintainable when it seeks to assail the finality of a Supreme Court decision rendered in a special leave petition under Article 136, as the judgment of the Bench constitutes the decision of the Supreme Court and cannot be upset or challenged through a writ under Article 32.

Court Disposition

Petition dismissed

Orders

  • Writ petition under Article 32 is dismissed; no relief granted to petitioner.