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| Power to transfer cases from outside J&K | | SC refers petition to Constitution Bench | | Early Times Report
Jammu, Apr 24: The three Judges Bench of the Supreme Court of India headed by Chief Justice H L Dattu, Justice S A Bobde and Justice Arun Mishra in a significant order has referred a batch of petitions regarding Transfer of cases from outside the State into the State of J&K to a Constitution Bench. The Supreme Court after hearing Advocate General RA Jan appearing for the state and Adv Aseem Sawhney ordered that "these petitions raise an important question as to the power of this Court to transfer a civil case from the State of Jammu and Kashmir outside the State and vide versa. This is, in our opinion, a question of constitutional significance requiring interpretation of the provisions of the Constitution. Let it be placed for hearing by Constitution Bench."
It may be mentioned that several petitions have been filed where in the parties are seeking either transfer of the cases outside the State of J&K or into the State of J&K from other courts. On this issue the matters were first referred to a three Judges Bench and now Bench comprising three Judges has referred these cases to a Constitution Bench comprising of not less than five Judges of the highest Court of India.
In one such Transfer Petition titled Bhavika Bharti V/s Nakul Mahajan, the respondent Nakul Mahajan was represented by Aseem Sawhney Advocate who submitted before the Supreme Court that the matter is of larger constitutional importance. He opposed this transfer petition on the count of jurisdiction and powers of the Supreme Court, Adv Aseem Sawhney took the objections taken are that the Supreme Court does not have the powers to transfer cases outside or into the State of J&K, in view the central CPC not applying to the State of J&K and the J&K CPC not giving any powers to the Apex Court. Sawheny requested for an earlier listing before the Constitution Bench keeping in view the fact that with every passing day his client was losing his age. The Advocate General of J&K R A Jan was also present in the batch, representing the State of J&K. |
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