Srinagar, Aug 19 (GNS): Jammu and Kashmir High Court on Wednesday said that Anti-Corruption Bureau’s right to investigate has not been affected by the repeal of the Prevention of Corruption Act.
“The right which has accrued to the Anti-Corruption Bureau to investigate the crime which took place prior to coming into force of the Central Act and which was covered by the said Act remained unaffected by the reason of clause (c) of section 6 of the General Clauses Act, 1897, and the application of Clause 13 & 14 of the Jammu and Kashmir Reorganisation (Removal of Difficulties) Order, 2019, the repealment shall not affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment,” a bench of Justice Ali Mohammad Magrey while disposing a plea for anticipatory bail.
“The power of the Special Judges in the Union Territory of J&K and Union Territory of Ladakh vested with the special powers in terms of the notifications published in the official gazette issued by the Government of Jammu and Kashmir from time to time under Repealed Act, is also saved in terms of application of Clause 14 of the Jammu and Kashmir Reorganisation (Removal of Difficulties) Order, 2019,” the court said according to GNS, Adding, “Therefore, all the Special Courts shall continue to exercise its powers as was being done prior to commencement of J&K Reorganisation Act, 2019.”
The court passed the directions after hearing Advocate General D. C. Raina and senior advocate R A Jan.
The top law officer of the J&K while making reference to the provisions of the Jammu and Kashmir Reorganisation Act and the Clause 13 and 14 of the Jammu and Kashmir Reorganisation (Removal of Difficulties) Order, 2019, besides Section 6 of the General Clauses Act submitted that the action taken qua application of repealed laws in the J&K and Ladakh is saved.
The Advocate General submitted that there is absolutely no ambiguity vis-à-vis the powers of the Anti-Corruption Bureau for registration of the case in question under Repealed Act.
The senior counsel had sought the bail inter alia on the grounds that the very premise on which the FIR has been registered (against his client Liaq Pervaz– FIR no. 03/2020 of Police Station Anti-Corruption Bureau Kashmir) is factually unfounded and legally misconceived as same has been done in “most mechanical and perfunctory manner under the repealed P.C. Act.” However he later conceded the frankly legal position.
“The Court feels it necessary to place on record the appreciation for the approach adopted by R. A. Jan, Senior Counsel, by frankly admitting the legal position and facilitating a just decision in right earnest. The court also appreciates the endeavor made by the Advocate General and Mr B. A. Dar, learned Sr. AAG, in rendering the proper assistance in the matter,” the court added. (GNS)