Corruption, other FIRs to be concluded under repealed Acts
*No impact on licenses, permits obtained under State Laws
Mohinder Verma
JAMMU, Nov 1: Jammu and Kashmir Reorganization Act, 2019, which has come into force from today, will not affect any investigation, legal proceeding, punishment or liability initiated or enforced under the State Laws repealed by the Parliament. Moreover, the certificates, permits or licenses granted/obtained or agreements executed under any State Law shall be deemed to have been done or taken under the corresponding provisions of the Central Laws now extended to the Union Territory of Jammu and Kashmir and Union Territory of Ladakh.
Under J&K Reorganization Act, 153 State Laws and 11 Governor’s Acts have been repealed in the Union Territory of Jammu and Kashmir and Union Territory of Ladakh, which came into existence from yesterday with the administration of oath to the Lieutenant Governors.
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in the official circles and among the people about the fate of the proceedings initiated under the Acts, which stand repealed by the J&K Reorganization Act. However, the confusion has been cleared in the order issued by the President of India Ram Nath Kovind.
“The State Laws including Governor’s Acts mentioned in the 5th Schedule of the J&K Reorganization Act, which stand repealed, shall not affect the previous operation of any law so repealed or anything duly done or suffered there under; any right, privilege, obligation or liability acqui-red, accrued or incurred under any law so repealed; any penalty, forfeiture or punishment incurred in respect of any offence committed against any law so repealed or any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment”, read the order.
Moreover, the Acts repealed shall not affect any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if this Act had not been passed, the order further said.
“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”, legal experts said, adding “similarly, all the FIRs registered under J&K Prevention of Corruption Act and Ranbir Penal Code till yesterday shall be concluded as per the provisions of State Act as well as RPC”.
“From today onwards, the fresh FIRs will be registered under the Prevention of Corruption Act, 1988 of the Government of India and Indian Penal Code, 1860”, they further said.
Similarly penalty proceedings already initiated under J&K Consumer Protection Act, 1987 shall be concluded as per the provisions of this Act and Central Act will be applicable only in fresh cases and complaints. Same approach would be adopted towards the cases already registered under J&K Protection of Women from Domestic Violence Act, 2010, J&K Public Gambling Act, J&K Protection of Children from Sexual Violence Act, 2019, J&K Forest Conservation Act, the Contempt of Courts Act and J&K Dowry Restraint Act etc.
Moreover, there will not be any impact on the certificates, permits or licenses obtained or registration affected or agreements executed till yesterday.
This can be gauged from the President’s order, which states: “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 State Law shall be deemed to have been done or taken under the corresponding provisions of the Central Laws now extended and 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 now extended to the UTs of J&K and Ladakh”.
It is pertinent to mention here that President of India has issued J&K Reorganization (Removal of Difficulties) Order, 2019 keeping in view the difficulties pointed out by the Central Government Ministries, Departments and authorities of Jammu and Kashmir in proper implementation of various provisions of the J&K Reorganization Act.
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