The Delhi High Court has sought Centre's response on petition that pointed out that no penal code is in operation in the union territory of Jammu & Kashmir at present.
The petitioner, Advocate Anubhav Gupta mentioned before the bench that Section 18 of the Indian Penal Code which defines “India” as the territory of India excluding the State of Jammu and Kashmir, remains unamended even after repealing of the Ranbir Penal Code in 2019 after the region was given the status of union territory.
The Union government, in August 2019, brought in The Jammu and Kashmir Reorganisation Act, 2019 and repealed the Ranbir Penal Code, 1989. It was argued that while changes were made to the effect of the former, Section 18 IPC still stays leaving the territory of Jammu and Kashmir with no penal code.
It is in this regard, the petitioner has 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.
A Division Bench of Justice Mukta Gupta and Justice Poonam A Bamba has directed the Central Government to file its response within four weeks.
The matter has been listed for April 26th for next hearing.
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