Srinagar, Sept 3, KDC: Terming the sanctioning of an unsustainable criminal appeal a “sheer act of ignorance of law,” the High Court of Jammu & Kashmir and Ladakh has pulled up the Department of Law, Justice and Parliamentary Affairs for repeatedly contributing to the filing of legally misconceived cases, and summoned the official departmental file.
A Bench of Justice Rahul Bharti issued the direction while hearing a leave to appeal application preferred by the Union Territory of Jammu & Kashmir against an order of the Additional Sessions Judge, Rajouri, which had dismissed the prosecution’s acquittal appeal for lack of lawful sanction.
The case dates back to 2018 when the substantive and procedural laws in force were the erstwhile Ranbir Penal Code (RPC) and the J&K Code of Criminal Procedure, Svt., 1989. The trial against the respondent, Dil Bahadur Singh, was conducted on file No. 222/Challan by the Special Mobile Magistrate, Rajouri, culminating in his acquittal on July 24, 2023.
The High Court noted that even though the Jammu & Kashmir Reorganisation Act, 2019 repealed the RPC and the state CrPC, replacing them with the Indian Penal Code and the Central Code of Criminal Procedure, 1973, legal proceedings and appeals originating under the erstwhile state code continue to be governed by the J&K CrPC, 1989.
Consequently, any acquittal appeal against the 2023 trial judgment was required to be instituted under Section 417 of the J&K CrPC, which strictly mandates sanction from the State or Union Territory Government. Instead, under a misplaced assumption that the Central CrPC applied, the District Magistrate, Rajouri purported to grant sanction by invoking Section 378 of the Central CrPC, 1973.
Acting on established High Court precedents, the Additional Sessions Judge, Rajouri on December 23, 2025, dismissed the appeal preferred through the SHO of Women Cell Police Station, Rajouri, holding that the District Magistrate possessed no legal competence to sanction the appeal.
Justice Bharti expressed grave concern that despite the lower appellate court’s clear ruling, the Law Department proceeded to sanction a further appeal before the High Court vide Government Order No. 5974-JK(LD) of 2026 dated May 11, 2026.
“Despite the references made to the judgments of this Court by the lower appellate court in its order dated 23.12.2025, the Department of Law, Justice and Parliamentary Affairs, UT of J&K came to issue Govt. Order No. 5974-JK(LD) of 2026 dated 11.05.2026 granting sanction for filing appeal against judgment dated 23.12.2025 of the court of learned Additional Sessions Judge, Rajouri which is nothing but sheer act of ignorance of law on the part of Department of Law, Justice and Parliamentary Affairs, UT of J&K,” Justice Bharti observed.
The Bench said that administrative negligence at the highest legal vetting level was cluttering the judiciary with unmaintainable litigation.
“It is the Department of Law, Justice and Parliamentary Affairs of UT of J&K which is contributing to the filing of legally misconceived case before this Court and, therefore, this Court calls upon Mr. Bhanu Jasrotia, learned GA to first produce the file from the end of the Department of Law, Justice and Parliamentary Affairs on the basis whereof the issuance of Govt. Order No. 5974-JK(LD) of 2026 dated 11.05.2026 came to take place,” the Court held.
Directing that the official record be produced positively before the next date of hearing, the High Court scheduled the matter for continuation on September 14, 2026.
The Court further ordered that a copy of the direction be provided to Government Advocate Bhanu Jasrotia for immediate notice and compliance by the Commissioner/Secretary to the Government, Department of Law, Justice and Parliamentary Affairs, UT of J&K. (KDC)
