JKSJA organizes Orientation Prog on transition from state to central laws

J&K State Judicial Academy on Sunday organised an orientation programme for judicial officers on transition from state to central laws following the scrapping of Article 370 and division of the state into two Union Territories, an official spokesman said here.

The orientation programme on 'Transition from state laws to central laws in the backdrop of implementation of reorganisation Act, 2019' was organised for civil judges (senior and junior division), chief judicial magistrates and magistrates serving in Jammu province.

Its objective was to give insight to the participants into the provisions in the Jammu and Kashmir Reorganization Act and order issued by the President for removal of difficulties, for a smooth transition from the repealed state laws to the extended central laws, the spokesman said.

On October 30, the J&K Reorganization (Removal of difficulties) order, 2019 was promulgated by the President of India, which has been published in the Government Gazette.

Under the said Order many provisions have been made for removal of difficulties arising under the J&K Reorganization Act, 2019, as also in implementation of the central laws extended to the Union Territories of Jammu and Kashmir, and Ladakh.

Highlighting number of difficulties which they had felt during the initial phase of application of the central laws, the spokesman said their doubts and difficulties were cleared in the light of the order regarding removal of difficulties.

It was discussed that any right, privilege, obligation or liability acquired, accrued or inquired under the repealed state laws would be governed in accordance with the provisions of the repealed Act irrespective of the application of central laws, the spokesman said.

He said any penalty, forfeiture or punishment incurred in respect of any offence committed against any repealed state law would continue to be dealt in accordance with the provisions of the repealed laws.

Any investigation, legal proceeding, remedy in respect of any such right, privilege, obligation, liability and penalty would also be governed in accordance with the provisions of the repealed Act, the spokesman said.

He said the participants were apprized that the investigation, inquiry or trial in respect of any offence committed before October 31 would have to be conducted and completed in terms of the provisions of the repealed J&K Code of Criminal Procedure.

Only in respect of those offences which are committed on or after October 31, the new penal laws and procedural law would be applicable, he said.

The spokesman said it was also discussed that statutory authorities constituted under the repealed Acts before October 31 would continue to function and are deemed to have been constituted under the central laws and any proceedings initiated or action taken by such authorities is validated under the central laws.

The central laws which were otherwise also applicable in the State of Jammu and Kashmir would continue to be applicable in the two Union Territories, he said.

That apart, the spokesman said all the central laws which were applicable in rest of India and not in the State of Jammu and Kashmir now have been applied to the two Union Territories under the Order regarding removal of difficulties.