Govt makes legal position clear to all agencies
*Sufficient safeguards under General Clauses Act
Mohinder Verma
JAMMU, Feb 3: Making legal position clear to all the departments and agencies, the Government of Union Territory of Jammu and Kashmir has categorically stated that all the investigations, inquiries and verifications initiated before the repeal of State Acts by the J&K Reorganization Act have remained unaffected.
Under J&K Reorganization Act, which became applicable from October 31, 2019, 153 laws of erstwhile State and 11 Governor’s Acts were repealed in the Union Territory of Jammu and Kashmir and Union Territory of Ladakh.
Since then there was perplexity at various levels in the official circles and among the people about the fate of the proceedings initiated under the Acts, which were repealed as per the provisions of the J&K Reorganization Act.
Though Government of India tried to remove the confusion by issuing Jammu and Kashmir Reorganization (Removal of Difficulties) Order dated October 31, 2019 yet law enforcement agencies and some other departments of the Union Territory of Jammu and Kashmir continued to approach the Law Department in writing seeking to know the fate of the proceedings, investigations and inquiries initiated before October 31, 2019.
Now, the Department of Law, Justice and Parliamentary Affairs has formally come up with the circular clearing the confusion on this aspect.
“Clarifications are being sought on the effect of repeal of State Acts in such cases where investigating agencies had conducted verification/inquiries/investigations pertaining to occurrences regarding commission of offences/crimes prior to October 31, 2019”, the Law Department said.
“The matter has been examined in detail keeping in view the provisions of the General Clauses Act, 1897 and also the case laws on the point”, said the circular issued by the Secretary to Government, Department of Law, Justice and Parliamentary Affairs Anchal Sethi, adding “Sub-Clause (C) of Section 6 of the General Clauses Act provides that if any Central Act repeals any enactment, the repeal shall not affect any right, privilege, obligation or liability acquired, accrued or incurred under any enactment so repealed”.
Pointing towards the Apex Court judgment in case titled M C Gupta Versus Central Bureau of Investigation (2002)-8SCC 669, the Law Secretary said, “the Supreme Court has held that the right of authorities concerned to investigate the crime, institute proceedings and prosecute appellants is saved and not affected by repeal of old Act”.
“Therefore, the right which had accrued to the investigating agency to investigate the crime which took place prior to coming into force of the Central Act and which was covered by the said Act remained unaffected by the reason of Clause (C) of Section 6 of the General Clauses Act, 1897”, the circular said, adding “this legal position is accordingly brought to the notice of all the concerned for their information and necessary action”.
“This means that all the proceedings already initiated under the Code of Civil Procedure, Samvat 1977 and Code of Criminal Procedure, Samvat 1989 will be concluded by the concerned agencies under these Codes only”, sources said, adding “similarly, all the FIRs registered under J&K Prevention of Corruption Act and Ranbir Penal Code till October 31, 2019 will be concluded as per the provisions of State Acts as well as RPC”.
It is pertinent to mention here that Jammu and Kashmir Reorganization (Removal of Difficulties) Order dated October 31, 2019 states that anything done or any action taken including any appointment or delegation made, notification, instruction or direction issued, bye-law or scheme framed, certificate obtained, permit or license granted or registration effected or agreement executed under any law of the erstwhile State of Jammu and Kashmir shall be deemed to have been done or taken under the corresponding provisions of the Central Laws now applicable to the Union Territory of Jammu and Kashmir and Union Territory of Ladakh and shall continue to be in force accordingly unless and until superseded by anything done or any action taken under the Central Laws.
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