Introduction:

In the case of National Investigation Agency New Delhi versus Owais Amin @ Cherry & Ors., the Supreme Court addressed the application of the Code of Criminal Procedure (CrPC) in Jammu & Kashmir following the abrogation of Article 370 of the Constitution.

Arguments:

The National Investigation Agency (NIA) contended that proceedings initiated prior to the applicability of CrPC 1973 in Jammu & Kashmir should not be subject to the requirements of the old CrPC 1989. They sought to prosecute without obtaining prior sanction as mandated by Section 196A of CrPC 1989. On the other hand, the respondents argued that the previous procedural requirements under CrPC 1989 should apply, including the necessity of obtaining sanction for prosecuting offences under the Ranbir Penal Code.

Court’s Judgment:

The Supreme Court ruled that CrPC 1973 would apply in Jammu & Kashmir only from the date of its enforcement post the abrogation of Article 370. However, it clarified that this application would not be retrospective. Thus, proceedings initiated before the enforcement date would adhere to the provisions of CrPC 1989. The Court deemed the failure to obtain prior sanction under CrPC 1989 as a curable defect, allowing the NIA to proceed with prosecution after obtaining appropriate sanction as per the repealed provision.