Extension of Central laws not to impact ACB’s investigations into earlier cases: HC
Srinagar : The right to investigate the crimes which took place prior to the dismemberment of the J&K State and extension of the central law remains unaffected for the Anti-Corruption Bureau (ACB), the J&K High Court has said.
“The right which has accrued to the ACB to investigate the crimes which took place prior to coming into force of the Central Act and which was covered by the said Act remained unaffected”, the High Court said.
The court attributed the reason to clause (c) of section 6 of the General Clauses Act, 1897, and the application of Clause 13 & 14 of the Jammu and Kashmir Re organization (Removal of Difficulties) Order, 2019.
“The repealment shall not affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment”, observed the bench of Justice Ali Mohammad Magrey.
The court was hearing an anticipatory bail application by one Liaq Parvaiz through senior counsel R. A. Jan.
The application had been filed in terms of Section 438 of the CRPC seeking grant of bail in anticipation of arrest in connection with case FIR no. 03/2020 of Police Station Anti-Corruption Bureau Kashmir, Srinagar.
The report had been filed for commission of offences punishable in terms of Sections of the Prevention of Corruption Act, 2006 read with Section 120-B of the out gone Ranbir Penal Code.
The bail was sought on the grounds that the FIR had been registered in most mechanical and perfunctory manner under the repealed Prevention of Corruption Act (of J&K State).
Justice Magray further observed “the power of the Special Judges in the Union Territory of J&K and Union Territory of Ladakh vested with the special powers in terms of the notifications published in the official gazette issued by the Government of Jammu and Kashmir from time to time under Repealed Act, is also saved in terms of application of Clause 14 of the Jammu and Kashmir Re organization (Removal of Difficulties) Order, 2019”.
All the Special Courts shall continue to exercise their powers as was being done prior to commencement of J&K Re organization Act, 2019 ordered the court while disposing off the petition.
The Court placed on record its appreciation for the approach adopted by R. A. Jan, petitioners’ counsel by frankly admitting the legal position and facilitating a just decision in right earnest.
The court also appreciated the endeavor made by the advocate general and B. A. Dar the additional advocate general in rendering the proper assistance in the matter.
Rashid Paul is Associate Editor at Kashmir Images.
He can be reached at [email protected]
