Former chief justice of Jammu and Kashmir high court Bashir Ahmad Khan said Supreme Court judgment will have deemed application in Jammu and Kashmir also.
Ending speculations, the state of Jammu and Kashmir, which is currently under Governor's rule, on Saturday said the Supreme Court judgment on Section 377 is a law for the entire country and implementable in the state under Article 141 of the Constitution of India.
"The Supreme Court Judgment is a law for the whole country. The Section 377 RPC was not in consideration before Supreme Court, but the judgment of the apex court is a law for the whole country," said a senior officer in the law department of Jammu and Kashmir.
The officer said under Article 141 every judgment by the top court is a law for the whole country. "Judgment of SC is implementable in J&K. Even RPC section is to be seen in the context with SC judgment," he said.
Echoing the officer, former advocate general of Jammu and Kashmir Jahangir Iqbal Ganai said the judgment of Supreme Court is applicable in J&K by implication. "IPC and RPC make the difference to the extent of nomenclature. SC Judgment is implementable in J&K by implication. Section 377 of RPC remains in the statue books in J&K", said Ganai.
Former chief justice of Jammu and Kashmir high court Bashir Ahmad Khan said Supreme Court judgment will have deemed application in Jammu and Kashmir also.
"Section 377 RPC is a mirror image of Section 377 IPC. Deemed application means that no action can be locally taken under section 377 RPC in the light of Supreme Court judgment. When homosexuality has been decriminalized in other parts, it will be applicable in J&K by implication because section 377 of IPC and RPC is pari materia", he said
Another former J&K high court judge Justice Hasnain Masoodi too said that the Supreme Court judgment on section 377 is implementable in Jammu and Kashmir.
"Supreme Court has demolished some fixed notions of the law. Once we say it demolishes everywhere, we cannot have island of legitimacy here. The article 141 of Indian constitution applicable to J&K says whatever is laid down by Supreme Court is law for the country and law of the land. Legislature has not to recast the section 377. We expect to recast it and delete the provision that has been struck down by SC. Even if they delay it or they do not do it, this is law of the land", Justice Masoodi said
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