Making legal position clear

09/02/2020

Under J&K Reorganization Act, which became applicable from October 31, 2019, 153 laws of erstwhile State and 11 Governor's Acts were repealed in the Union Territory of Jammu and Kashmir and Union Territory of Ladakh. Since then there was perplexity at various levels in the official circles and among the people about the fate of the proceedings initiated under the Acts, which were repealed as per the provisions of the J&K Reorganization Act. Centre tried to remove the confusion by issuing Jammu and Kashmir Reorganization (Removal of Difficulties) Order dated October 31, 2019 yet law enforcement agencies and some other departments of the Union Territory of Jammu and Kashmir continued to approach the Law Department in writing seeking to know the fate of the proceedings, investigations and inquiries initiated before October 31, 2019. Making legal position clear to all the departments and agencies, the Government of Union Territory of Jammu and Kashmir has categorically stated that all the investigations, inquiries and verifications initiated before the repeal of State Acts by the J&K Reorganization Act have remained unaffected.
Now, the Department of Law, Justice and Parliamentary Affairs has formally come up with the circular clearing the confusion on this aspect. Clarifications are being sought on the effect of repeal of State Acts in such cases where investigating agencies had conducted verification/inquiries/investigations pertaining to occurrences regarding commission of offences/crimes prior to October 31, 2019. The matter has been examined in detail keeping in view the provisions of the General Clauses Act, 1897 and also the case laws on the point. Sub-Clause (C) of Section 6 of the General Clauses Act provides that if any Central Act repeals any enactment, the repeal shall not affect any right, privilege, obligation or liability acquired, accrued or incurred under any enactment so repealed. Jammu and Kashmir Reorganization (Removal of Difficulties) Order dated October 31, 2019 states that anything done or any action taken including any appointment or delegation made, notification, instruction or direction issued, bye-law or scheme framed, certificate obtained, permit or license granted or registration effected or agreement executed under any law of the erstwhile State of Jammu and Kashmir shall be deemed to have been done or taken under the corresponding provisions of the Central Laws now applicable to the Union Territory of Jammu and Kashmir and Union Territory of Ladakh and shall continue to be in force accordingly unless and until superseded by anything done or any action taken under the Central Laws.

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