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Cases of J&K court can be transferred to any part of India: SC

New Delhi: Supreme Court’s 5-judge Constitution Bench headed by Chief Justice T. S. Thakur in a significant verdict said that (legal) cases pending for hearing in Jammu & Kahmir courts can be transferred to any place in India. The Constitution Bench, other judges of which in addition to the Chief Justice were Justices FMI Kalimullah, A. K. Sikri, S. A. Bobde and R. Bhanomeet, pronouncing its verdict in Anita Kushwaha vs Pushp Sedan and others case said that according to Art 21 of the Constitution every body has a right to get justice and simultaneously under Art 136 Supreme Court’s right as well as duty is to provide justice to every body. The Constitution Bench further said that if some one is unable to reach Jammu & Kashmir and his / her case is not transferred to other place (outside J&K), he  / she will be deprived of justice. In such cases the court has a right to provide justice to every body. The Bench clarified that in order to implement the fundamental right (of citizens) to get justice, J&K court cases can be transferred to any part of the country. Referring to Sec 25 of Cr PC the Constitution Bench said that under this section, any case from any state of the country can be transferred to any other state. The SC Bench probably pronounced this verdict because under Ranbir Penal Code (RPC) in the absence of this section, cases in J&K courts cannot be transferred to other places outside J&K. It may also be stated in this connection that in Jammu & Kashmir, not the Indian Penal Code (IPC) but Ranbir Penal Code is enforced which is a legacy of pre-Indepedence Maharaja’s regime.

This article appeared in The Milli Gazette print issue of 16-31 August 2016 on page no. 14

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