Supreme Court has said on Tuesday it can transfer cases being arbitrated by the courts in Jammu and Kashmir to other states in undertaking of the right of citizens to access to justice under Article 21 of the Constitution.
Holding that access to justice is a part of Article 21, a Constitution bench headed by Chief Justice T.S. Thakur said the apex court can transfer the trial of cases from Jammu and Kashmir to other states in exercise of its powers under Article 136.
It said this while examining the issue as to whether the apex court, in exercise of its powers under Article 136, transfer the trial of cases outside Jammu and Kashmir in the absence of necessary provisions in Ranbir Penal Code (RPC) which applies to the state.
RPC does not have any provision like Section 25 of Civil Procedure Code (CPC) which gives power to Supreme Court to transfer suits, largely involving matrimonial disputes, from one state to another.