SC not powerless to transfer petitions from Jammu and Kashmir to any other State and vice versa, reiterate SC

It was again said by SC that State of Jammu and Kashmir can transfer it’s petition to any other State Or the other way around. According to Article 32, Article 136 and Article 142 of the Indian Constitution, it was stated that it is possible.

A petition was filed as per Section 25 of Code of Civil Procedure, 1908 for transfer of divorce case which was pending in a district court in Jammu and Kashmir to a court in Amritar, Punjab which had equivalent jurisdiction. The Bench consisted of Justice Ajay Rastogi and Justice NV Ramana who support the transfer of petition.

In reference to the judgement of the case “Anita Kushwaha Vs. Pushup Sudan”, the problems related to maintenance of transfer of petition was solved by transfer of petition from Jammu and Kashmir and other way around. After seeing the facts and circumstances of the case it was clear that this case was not considered as a precedent, as petition was filed under Article 32 of the Indian Constitution.

In accordance with Section 25 of Civil Procedure Code, 1908 gives power to SC to give expedient Justice if satisfied at any stage to transfer petition from High Court and other Civil Court to any other State. As per Section 406 of Criminal Procedure Code, it also empowers to transfer criminal cases from one State to other. However, CrPC and CPC is not applicable in the State of J&K.

In the judgement of “Anita Kushwaha”, it was said that as per the Jammu and Kashmir Procedural Code and Jammu and Kashmir Criminal Procedure does not contain any provision which gives power to SC to transfer cases from a Court in the State of Jammu and Kashmir to other States and other way around.

The contention was rejected by the Constitutional Bench of SC by invoking Article 32,136 and 142 of Indian Constitution.