Historic SC judgement: cases can be transferred from J&K courts
New Delhi : In a landmark judgement, the Supreme Court on Tuesday ruled that the cases of Jammu and Kashmir could be transferred to the courts of other states as well.
The five-judge constitution bench pronounced this on a batch of cases including one Anita Kushwaha who had pleaded to transfer her cases out of J and K. This order applies to matrimonial disputes.
The Apex Court said
- It is duty of the SC to ensure justice to all the citizens under provisions of Article 136 of the Indian Constitution.
- The section 25 of Criminal Procedure Code (CrPC) mentions the inetr-state transfer of cases.
- The Article 14 of the Constitution guarantees justice as fundamental right.
- Ranbir Penal Code or RPC, applicable in Jammu and Kashmir in the absence of Indian Penal Code under Article 370 of the Indian constitution, however, did not allow this. This was applied during the dynastic Dogra rule of Ranbir.
- The SC may now transfer cases anywhere from Jammu and Kashmir.