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NEW DELHI: The Delhi HC has issued a notice to the central government on a plea alleging that there was no penal code in operation in the Union Territory of Jammu & Kashmir for foreign nationals.
The petition, filed by advocate Anubhav Gupta, also challenged the validity of section 18 of the Indian Penal Code (IPC), which defines “India” as the territory of India, excluding the State of Jammu & Kashmir.
A division bench of Justices Mukta Gupta and Poonam A Bamba, in a recent order, directed the government to file its response within four weeks, and listed the matter for hearing on April 26.
The petition pointed out that after the Jammu and Kashmir Reorganisation Act-2019, was introduced in August 2019, the Ranbir Penal Code-1989, which was earlier applicable to J&K, was repealed and changes were made in some of the IPC provisions, but section 18 remained un-amended. This effectively left the territory of J&K without a penal code, the petitioner said.
Because of the anomaly, an Indian committing any offence in the territory of J&K would be punished, but a foreign national would go scot free as the definition of India, under IPC section 18, excluded Jammu and Kashmir, the plea said. “This would be against constitutional guarantees in Article 19(l)(d) and (e) of the Constitution of India,” it stated.
Challenging the validity of IPC section 18, the plea said it was violative of Articles 1(3), 19(1)(d) and 19(1)(e). “That even Indian citizens would be facing trial under Indian Penal Code, 1860, in the territory of J&K, as committing an offence outside India, is against country’s sovereignty and territorial integrity,” the plea stated.
The petition, filed by advocate Anubhav Gupta, also challenged the validity of section 18 of the Indian Penal Code (IPC), which defines “India” as the territory of India, excluding the State of Jammu & Kashmir.
A division bench of Justices Mukta Gupta and Poonam A Bamba, in a recent order, directed the government to file its response within four weeks, and listed the matter for hearing on April 26.
The petition pointed out that after the Jammu and Kashmir Reorganisation Act-2019, was introduced in August 2019, the Ranbir Penal Code-1989, which was earlier applicable to J&K, was repealed and changes were made in some of the IPC provisions, but section 18 remained un-amended. This effectively left the territory of J&K without a penal code, the petitioner said.
Because of the anomaly, an Indian committing any offence in the territory of J&K would be punished, but a foreign national would go scot free as the definition of India, under IPC section 18, excluded Jammu and Kashmir, the plea said. “This would be against constitutional guarantees in Article 19(l)(d) and (e) of the Constitution of India,” it stated.
Challenging the validity of IPC section 18, the plea said it was violative of Articles 1(3), 19(1)(d) and 19(1)(e). “That even Indian citizens would be facing trial under Indian Penal Code, 1860, in the territory of J&K, as committing an offence outside India, is against country’s sovereignty and territorial integrity,” the plea stated.
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