Delhi HC issues notice to Centre on plea against no penal code for foreign nationals in J-K

The Delhi High Court has issued notice to the Union of India on a petition against the absence of a penal code in operation for foreign nationals in Jammu and Kashmir.

The plea stated that till date there is no Penal code in operation in the territory of Jammu and Kashmir for foreign nationals and thus, any crime as defined in Penal Codes, committed by any foreign citizen in the Union Territory is neither defined, nor such foreign national criminal will be tried and punished.

The Division Bench of Justice Mukta Gupta and Justice Poonam A Bamba sought responses from the Ministry of Law and Justice and the Ministry of Home Affairs within four weeks and listed the matter for April 26, 2023

Plea stated that the fundamental right of Petitioners to freely travel and settle in the territory of Jammu and Kashmir as guaranteed under Article 19( 1 )( d) and ( e) are denied to Petitioners and further, the fundamental right to life in the territory of India as guaranteed under Article 21 which provides protection of life and personal liberty is lost by action/inaction of Union.

The plea filed by Anubhav Gupta further stated that even Indian citizens would be facing trial under the Indian Penal Code, 1860 in the UT as committing offence outside India, which is against the sovereignty and territorial integrity of India. This would be against Article 1 (3) of the Constitution of India.

"There are in fact far reaching effects of having no Penal Code in the territory of Jammu and Kashmir not only for Petitioner who intends to visit Jammu and Kashmir but for all residents of Jammu and Kashmir in the hands of foreign nationals," read the plea.

The plea sought quashing of Section 18 of the Indian Penal Code, 1860 being violative of Article 19(1)(d) and 19(1)(e) of the Constitution of India.

The petitioner points out that while promulgating the Jammu and Kashmir Reorganization Act, 2019 though all provisions of IPC were amended and consequently the Ranbir Penal Code was also repealed, however, it appears that inadvertently in Section 18 where "India" is defined, the corresponding amendment was not carried out, noted the bench.

( With inputs from ANI )

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