Early Times Report
JAMMU, Jan 3: In a petition filed by Masood Ahmed seeking direction for quashing of The Jammu & Kashmir protection of children from sexual violence ordinance, 2018, Justice Dhiraj Singh Thakur of J&K High Court Jammu Wing after hearing Adv Aditya Gupta for the petitioner, stayed the proceedings initiated against the petitioner in FIR No.31/2018, registered with Police Station Women, Doda under Section 7/8 of the Jammu & Kashmir Protection of Children from Sexual Violence Act, 2012.
While staying the proceedings, Justice Dhiraj Singh Thakur in length observed that what was sought to be emphasized in the present case was that the ordinance in question was not placed before either House of the Legislature, which was not convened in terms of Section 53 of the State Constitution and, therefore, had lived its life.
"While the power of his Excellency the Governor to enact the Act is conceded, it is stated that the offence of which has been booked would be an offence only after the date of enactment on 07.12.2018 and since the alleged offence is stated to have been committed much before the promulgation of the Act, therefore, the provisions of the Act," said the judge. |
