Recently a division bench of Delhi High Court held by Justice Mukta Gupta and Poonam A Bamba issued a notice to the government to respond to a plea filed in the court stating the absence of a penal code in the Union territory of Jammu and Kashmir.
The plea observed that it remained unamended even after 2019 when the special status was removed from Jammu and Kashmir and the Ranbir Penal Code was repealed which was applicable, under section 18 of the IPC defines India as a union that excluded Jammu and Kashmir.
The matter will be considered on 26 April when the bench directed the government to give a response within four weeks.
Advocate Anubhav Gupta on the behalf of petitioner said that in August 2019, the Jammu and Kashmir Reorganisation Act was brought by the union and replead the Ranbir Penal Code 1989. There are some changes made in the IPC but still, Section 18 remains unamended leaving the territory of Jammu and Kashmir without any Penal Code.
By challenging the validity of Section 18 stating that it is a violation of Articles 1(3), 19(1)(d), and 19(1)(e) of the Constitution of India argued by the petitioner.
“That even Indian citizens would be facing trial under Indian Penal Code, 1860 in the territory of Jammu and Kashmir as committing offense outside India, which is against the sovereignty and territorial integrity of India. This would be against Article 1 (3) of the Constitution of India. That in fact they would be subjected to various international conventions/approvals which would create an anomalous situation. This would be against Article 1(3) of the Constitution of India.”