EARLY TIMES REPORT
JAMMU, Aug 19 (JNF): Justice Ali Mohammad Magrey held that Anti-Corruption Bureau can investigate an offence under the Prevention of Corruption Act which was repealed after Jammu and Kashmir Re-Organization Act, 2019 came into being.
“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,” a bench of Justice Ali Mohd Magrey said.
“The repealment shall not affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment” the court said.
“The power of the Special Judges in the Union Territory of Jammu and Kashmir 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notifications published in the official gazette issued by the Government of Jammu and Kashmir from time to time under Repealed Act, is also saved in terms of application of Clause 14 of the Jammu and Kashmir Reorganisation (Removal of Difficulties) Order, 2019, therefore, all the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 said.
The Court made these observations while disposing of a plea by a man who was booked by PCB under repealed Prevention of Corruption Act and was seeking anticipatory bail. He had also challenged competence of ACB to investigate the case under the repealed law. JNF |
