ANITA KUSHWAHA vs PUSHAP SUDAN

The Supreme Court referred the issue of its power to transfer civil and criminal cases from Jammu and Kashmir to a Constitution Bench, noting the absence of enabling provisions in the Jammu and Kashmir Codes of Civil and Criminal Procedure and Article 139-A of the Constitution. The Court highlighted that the provisions of Section 25 CPC and Section 406 CrPC do not extend to Jammu and Kashmir, thus questioning the applicability of these statutes for case transfers. The outcome of the referral indicates the need for a constitutional interpretation regarding the transfer of cases involving Jammu and Kashmir.