Delhi HC Issues Notice To Centre On Plea Against No Penal Code For Foreign Nationals In J&K

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

According to the petition, there is no Penal Code in force 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 crime will be tried and punished.

The Division Bench of Justices Mukta Gupta and Poonam A Bamba requested responses from the Ministries of Law and Justice and Home Affairs within four weeks and scheduled the matter for further hearing on April 26, 2023.

The petition filed by Anubhav Gupta stated that the Petitioners’ fundamental right to freely travel and settle in the territory of Jammu and Kashmir, as guaranteed under Article 19(1)(d) and (e), is denied, and their fundamental right to life in the territory of India, as guaranteed under Article 21, which provides protection of life and personal liberty, is lost as a result of Union action or inaction.

The plea also stated that even Indian citizens would face trial in the UT under the Indian Penal Code, 1860 for committing an offence outside India, which is against India’s sovereignty and territorial integrity. This would be a violation of Article 1 (3) of the Indian Constitution.

“There are indeed far-reaching consequences 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,” the petition stated.

The petition sought quashing of Section 18 of the IPC, 1860 being violative of Articles 19(1)(d) and 19(1)(e) of the Indian Constitution.

The petitioner highlighted that while promulgating the Jammu and Kashmir Reorganization Act, 2019, all provisions of the IPC were amended and thus the Ranbir Penal Code was repealed, the corresponding amendment to Section 18 where “India” is defined was not carried out inadvertently, according to the bench.