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PETITIONER: HARIPADA DEY
Vs.
RESPONDENT: THE STATE OF WEST BENGALAND ANOTHER.
DATE OF JUDGMENT: 05/09/1956
BENCH: BHAGWATI, NATWARLAL H. BENCH: BHAGWATI, NATWARLAL H. IMAM, SYED JAFFER MENON, P. GOVINDA
CITATION: 1956 AIR 757 1956 SCR 639
ACT: Constitution of India, Art. 134(1)(c)-Jurisdiction of High Court-Certificate on mere question of fact no certificate at all--Constitution of India, Art. 136(1)-Special Jurisdiction of the Supreme Court to intervene on mere question of facts to be invoked -High Court not to arrogate that function to itself-Evidence-Prosecution not to be blamed for the lacuna to adduce evidence by defence.
HEADNOTE: The High Court has no jurisdiction to grant certificate under Art. 134(1)(c) of the Constitution on mere question of fact, and is not justified in passing on such question to the Supreme Court for further consideration, thus converting the , Supreme Court into a Court of Appeal on facts. No doubt the Supreme Court, in case of gross miscarriage of justice or departure from legal procedure such as vitiates the whole trial, possesses the power and has special jurisdiction to intervene under Art. 136(1) of this Constitution and also if the findings of fact were such as were shocking to judicial conscience; but no High Court can arrogate that function to itself because it finds itself helpless to redress the grievance. Ce...