Jammu Court Highlights Need for Legislative Action, Not Executive Power, for Amendments Post-Article 370 of the Constitution.
Thank you for reading this post, don't forget to subscribe!
JAMMU: A Jammu Court is addressing a crucial question regarding the applicability of certain provisions of the Code of Civil Procedure (CPC) in the region following the abrogation of Article 370. This issue, which has implications for the legal framework in Jammu and Kashmir, has led to a series of judicial inquiries and decisions throughout 2023.
The matter first came to light in a civil suit, Darshan Kumar and others v. Union of India, where the defendants challenged the validity of amendments made by the J&K Reorganisation (Adaptation of Central Law) Order, 2020. These amendments specifically pertained to the CPC provisions concerning the timeframe for filing written statements (Order V Rule 1 and Order VIII Rules 1 and 10).
On November 20, 2023, Justice Sanjeev Kumar of the High Court called for a response from the Union of India regarding this matter and scheduled a further hearing for March 19, 2024. This move indicated the court’s recognition of the complexities involved in adapting central laws to the unique context of Jammu and Kashmir post-Article 370.
Earlier in April 2023, another single judge of the High Court, Justice Wasim Sadiq Nargal, had refused to condone a delay in filing a written statement beyond the 120-day limit set by the 2020 Adaptation Order. In his order dated April 25, 2023, Justice Nargal noted,
“Order-VIII Rule-1 CPC was amended (as far as Jammu and Kashmir is concerned) and the period of filing the written statement was fixed as 120 days, failing which, it was emphatically made clear that the defendant shall forfeit the right to file the written statement and the Court by no stretch of imagination shall allow the written statement to be taken on record.”
Later in the year, Justice Nargal was tasked with examining a writ petition that questioned the constitutional validity of the 2020 Adaptation Order, particularly regarding the introduction of the 120-day time limit for filing written statements (Ranvir Singh v. UT of J&K and ors). On December 16, 2023, he issued a notice in this matter and scheduled the case for further consideration on February 14, 2024, alongside several other cases that raised similar issues.
These proceedings reflect the ongoing legal and constitutional challenges faced by Jammu and Kashmir in the aftermath of the deletion of Article 370. The High Court’s decisions in these cases are expected to have far-reaching implications for the legal system in the region, particularly in terms of how central laws are adapted and applied.
[Read Jammu district court order]
FOLLOW US ON YOUTUBE FOR MORE LEGAL UPDATES
