According to Article-134 of Constitution of India i.e., 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 on appeal reversed 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b. has withdrawn for trial before itself any case from any court subordinate to its authority and has in such trial convicted the accused person and sentenced him to death; or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.
Order XXI of the Supreme Court Rules, 1966 deals with special leave petitions in criminal proceedings and criminal appeals.
In criminal cases, the Constitution of India gives the Supreme Court the jurisdiction to hear appeals. Article 132 provides for the appellant jurisdiction from the High Courts in certain cases. It states that 'An appeal shall lie to the Supreme Court from any judgment, decree or final order of a High Court in the territory of India, whether in a civil, criminal or other proceeding, if the High Court certifies under Article 134A that the case involves a substantial question of law as to the interpretation of this Constitution.
APPELLATE JURISDICTION
The party can file an appeal in a higher court if they feel aggrieved by the judgement of the subordinate court. This jurisdiction of the higher court to entertain the appeal is known as appellate jurisdiction. An appeal lies to the immediate superior court. For example, if a case is tried by a Magistrate, then first appeal can be filed in the Court of Sessions. The second and the third appeal can be filed, in appropriate cases, in the High Court of the State and the Supreme Court respectively.
1. Appellate Jurisdiction of the Supreme Court
In criminal cases, a person can file an appeal before the Supreme Court against the judgment of the High Court:
l if the lower Court had acquitted him, but on appeal, the High Court convicted him and sentenced him to death; or
l if the High Court had withdrawn the case from a subordinate Court for trial before itself and has in such trial convicted him and sentenced him to death; or
l if the High Court certifies under Article 134A of the Constitution of India that the case is a fit one for appeal to the Supreme Court. (The Constitution of India, 1950, article 134).
l if the Supreme Court grants him special leave to appeal (The Constitution of India, article 136).
2. Appellate Jurisdiction of High Court
The party aggrieved by the judgment of a Court of Session can file an appeal in the High Court of the concerned State.
3. Appellate Jurisdiction of Sessions Court
The party aggrieved by the judgment of an Assistant Sessions Judge/ Metropolitan Magistrate/Judicial Magistrate can file an appeal in the concerned Court of Session
Right to Appeal in Criminal Matters?
Under the scheme of the constitution, it makes clear that there is no general right to appeal in criminal matters apart from those as laid down in Article 134(1)(a) and (b). Article 134(c) gives the power to the High Court to certify cases which can be appealed, which must involve a substantial question of law, and not merely application of facts or evidence.
Appeals permitted under the Constitution
Article 132 of the Constitution of India, 1950 provides for an appeal to the Supreme Court from any judgment, decree or final order of a High Court, whether in civil, criminal or other proceedings, if the High Court certifies that the case involves a substantial question of law as to the interpretation of the Constitution.
Article 133 of the Constitution of India, 1950 provides for an appeal to the Supreme Court from any judgment, decree or final order in a civil proceeding of a High Court if the High Court certifies that the case involves a substantial question of law of general importance and in its opinion the said question needs to be decided by the Supreme Court.
Article 134 of the Constitution of India, 1950 provides for an appeal to the Supreme Court from any judgment, final order or sentence in a criminal proceeding of a High Court if-
a) it has on appeal reversed 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 it and has in such trial convicted the accused and sentenced him to death or
c) it certifies that the case is a fit one for appeal to the Supreme Court.
Appeal by Special Leave
Article 136 of the Constitution of India, 1950 provides that the Supreme Court may in its discretion grant special leave to appeal from any judgment, decree, determination, sentence or order in any case or matter passed or made by any Court or tribunal in the territory of India except the Court or tribunal constituted by or under any law relating to armed forces.
Enlargement of Jurisdiction
Article 134(2) further provides that the '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'.
In pursuance of this power, the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970 was promulgated. Section 2 of the Act states that-
without prejudice to the powers conferred on the Supreme Court by clause (1) of article 134 of the Constitution, an appeal lie to the Supreme Court from any judgement, final order of sentence in a criminal proceeding of a High Court in the territory of India if the High Court-
a. has on appeal reversed an order of acquittal of an accused person and sentenced him to imprisonment for life or to imprisonment for a period of not less than ten years;
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 imprisonment for life or to imprisonment for a period of not less than ten years.
The scope of this provision has been dealt with in Kishore Singh v. State of Madhya Pradesh[1],where the court held that if a right to appeal would lie under Section 2 of this Act, a certificate by the High Court under Article 134(1)(c) would not be necessary.
Thus, the right to appeal under section 2 is in addition to that under Article 134(1)(c). Thus, the position is now clear- that in cases which do not come under clause (a) and (b) of Article 134(1) or under the Act of 1970 or Section 379 of the Cr.P.C., and appeal does not lie as of right to the Supreme Court against any order of conviction by the high Court unless a certificate is granted by the High Court under Article 134(1)(c) certifying that the case is fit for appeal or by way of Article 136 by way of a Special Leave Petition in cases where the certificate is refused by the High Court.
At the time of admission, the role of the Supreme Court is instrumental, and if the High Court has not given this certificate, the case will be dismissed. But as the Court has held in State of Assam v. Adbul Noor[2], the Supreme Court after declining to accept the certificate can allow the appellant to apply under Article 136 in proper cases.
0 Comments