Jammu Court Raises Validity Concerns Over CPC Amendment Post Article 370 Abrogation

Jammu Court Raises Validity Concerns Over CPC Amendment Post Article 370 Abrogation

VoM News Desk | January 19, 2024 | 07:25 PM IST | Courts & Law, Jammu Kashmir | Follow on Google News

Jammu Court Raises Validity Concerns Over CPC Amendment Post Article 370 Abrogation

Jammu Court Raises Validity Concerns Over CPC Amendment Post Article 370 Abrogation

The Jammu court has expressed reservations about the validity of the Code of Civil Procedure (CPC) amendment, which made provisions concerning the time limit for filing written statements applicable to Jammu and Kashmir post the abrogation of Article 370. The Additional District Judge, Virinder Singh Bhou, referred the matter to the High Court of Jammu and Kashmir and Ladakh, stating that such amendments made by the Central government may be invalid as they violate Section 96 of the Jammu and Kashmir Reorganisation Act.

Challenging Amendments under Section 96

The judge opined that the Central government, through an Adaptation Order, made substantive amendments under Section 96 of the J&K Reorganisation Act, which is beyond the scope of the executive and requires legislative competence. The matter was raised in a civil suit, and the judge referred it to the High Court for further opinion.

Discriminatory Application and Constitutional Concerns

The CPC amendment makes it mandatory for defendants in civil suits to file written statements within 120 days, which the court found discriminatory in its application to Jammu and Kashmir. The court stated that the amendments are arbitrary and violate Article 14 of the Indian Constitution. The High Court will now provide its opinion on the validity of the CPC amendment and whether it is ultra vires of Section 96 and violative of Article 14.

Hashtags & Tags: #JammuCourt #Article370 #CPCAmendment #JammuAndKashmir #ConstitutionalValidity #LegalNews

VoM News Desk

VoM News is an online web portal in jammu Kashmir offers regional, National & global news.