Facing abatement
09/11/2019
Thousands of cases pending with various statutory bodies in Jammu and Kashmir are likely to face abatement as J&K Reorganization Act whereby two Union Territories were constituted and J&K Reorga-nization (Removal of Difficulties) Order are completely silent on their validity. Due to this, the applicants will have to file all these cases afresh, if they desire so, under the new mechanism. The General Administration Depart-ment issued different orders on October 23, 2019, mentioning that consequent upon the repeal of several State Acts by the Jammu and Kashmir Reorganization Act, 2019 and the sanction was accorded to the winding up of seven State Commissions from the date for the formation of the Union Territory of Jammu and Kashmir and Union Territory of Ladakh. However, there was no official word about the fate of nearly 4000 cases pending in State Consumer Disputes Redressal Commission, State Human Rights Commission, State Information Commission, State Commission for Protection of Women and Child Rights, State Commission for Persons with Disabi-lities, State Accountability Commission and State Electricity Regulatory Commission mainly because there was no clarity in J&K Reorganization Act on this important aspect.
Even J&K Reorganisation (Removal of Difficulties) Order issued on October 30, 2019 by the President of India has not given any clarity on any aspect relating to the cases pending with the statutory bodies, which have faced closure due to repeal of State Acts whereby these were established. The provisions of State Laws whereby seven Commissions were constituted were not in consonance with the corresponding provisions of the Central Laws presently applicable to the Union Territories of Jammu and Kashmir and Ladakh as such these seven statutory bodies cannot be considered to have been constituted as defined in the Paragraphs 17 of the Presidential Order.
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