Home / Latest News / SC: Cases can be Transferred out of J&K for Trial even if CPC or CrPC not applicable there

SC: Cases can be Transferred out of J&K for Trial even if CPC or CrPC not applicable there

July,19,2016:

Supreme Court can order for transfer of cases out of J&K to any other State in India.

Supreme Court of India
Supreme Court of India

Chief Justice T.S. Thakur headed a five-judge Constitution Bench which considered the fact that the local laws of Jammu and Kashmir as of now do not provide remedy for seeking transfer of the cases outside the State at the request of a litigant.

The Supreme Court ruled that Matrimonial Dispute Cases can now be transferred out of Jammu and Kashmir by the apex court in order to ensure that every litigant has access to justice.

The provisions of the Civil Procedure Code and the Criminal Procedure Code which deal with transfer of cases, as applicable to the entire Nation, are not applicable in Jammu and Kashmir.

The Bench, included Justices FMI Kalifulla, A.K. Sikri, S.A. Bobde and R. Banumati.

They ruled that the apex court can under the exercise of its Constitutional powers transfer the cases out of the State to ensure access to justice, a key right available to all litigants under Constitution.

This judgment has come in a batch of petitions including the one filed by one Anita Kushwaha. She had sought transfer of her cases out of Jammu and Kashmir.

Facebook Comments

Check Also

Death penalty

Death penalty to six persons for Conspiring and Killing a Dalit youth, in case of murder perpetrated due to Caste-Based Discrimination

December 14,2017: Court has ordered to collect a total compensation of Rs 11,95,000 from eight convicts which needed to be paid in the different proportions to Kausalya, Shankar’s father and Government. A trial court has here awarded death penalty to ...

Leave a Reply

Your email address will not be published. Required fields are marked *