Excelsior Correspondent
Srinagar, Aug 19: High Court today while dealing with an anticipatory bail application directed all the Special Courts to continue to exercise its powers as was being done prior to the commencement of J&K Reorganization Act 2019 as the repealing of earlier act shall not affect any investigation or legal proceedings.
Justice Ali Mohammad Magrey declined to entertain the application for the reason that the court of first instance to deal with the bail application is designated court of Additional District Judge Pulwama under the provisions of Prevention of Corruption Act.
Court asked the applicant counsel that since the designated court is available and he may approach the same to seek the relief there. Applicant counsel, however, reiterated that the applicant may feel difficulties in approaching the court of first instance on account of COVID-19 pandemic.
“The designated court , Additional District and Sessions Judge, Pulwama, shall ensure its availability to the applicant today itself and provide all the details necessary for hearing of the matter in virtual mode and consider the same tomorrow positively”, Justice Magrey directed the ADJ Pulwama.
Court has further warned that any lapse if brought to the notice of this court regarding non- availability or non-furnishing of the necessary details for consideration of the case, shall be viewed seriously. Registrar Judicial has been directed to convey the order to court of Additional Sessions Judge Pulwama so that the hearing of case is facilitated to applicant’s counsel. Till tomorrow, court directed the ACB not to take any action against the applicant.
Court has observed that the right which has accrued to the Anti-Corruption Bureau to investigate the crime which took place prior to coming into force of Central Act and which was covered by the Act remained unaffected by the reason of Section 6 of General Clause Act and the applying of J&K Reorganization (Removal of Difficulties) Order,2019.
Court said the repealing shall not affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment. Court has also observed that the powers of Special Judges in the JK UT and Ladkah vested with the special powers in terms of the notification published by the Government from time to time under repealed Act, is saved in terms of J&K Reorganization (Removal of Difficulties) Order,2019.
“Therefore all the Special courts shall continue to exercise its powers as was being done prior to the commencement of J&K Reorganization Act, 2019”, Court directed.
Advocate General on jurisdiction of registration of FIR by ACB, has submitted before the court that the provisions of the J&K Reorganization Act and J&K Reorganization (Removal of Difficulties) Order,2019 saves the action taken qua application of repealed laws in the UTs of J&K and Ladakh. “There is absolutely no ambiguity vis-à-vis the powers of the ACB for registration of the case in question under the repealed Act”, he said.
The application was moved by one Liaq Parvaiz seeking grant of bail in anticipation of arrest in connection with FIR registered by ACB Kashmir Srinagar for commission of offence under prevention of corruption act.
Court has recorded that ordinarily, the High Court does not entertain bail applications seeking regular or bail in anticipation of arrest in those cases where the remedy of approaching the court of first instance has not been exhausted and only the case with peculiar circumstances are exceptionally considered.
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