CBI can register cases in J&K without prior permission

With the special status of Jammu and Kashmir under Article 370 abolished, the Central Bureau of Investigation (CBI) can register cases against corrupt government officials without any prior permission from the J&K union territory (UT) administration.

Earlier, the CBI could register cases in erstwhile state of Jammu and Kashmir but with a rider that the investigating agency had to take consent from the then State government for doing so. But now, the rider has been removed with the applicability of Jammu and Kashmir Re-organisation Act-2019 which was passed by the Parliament on August 5.

A senior government official told DH that with the Central Prevention of Corruption Act becoming applicable in J&K UT from November 1, all government employees have come within the jurisdiction of the CBI. The law emphasizes the completion of trial in graft cases within two years.

“The Central Act clearly mentions that under Code of Criminal Procedure, trial of an offence shall be concluded within two years,” he said. Provisions of the Central Act relating to attachment and forfeiture of property are also stringent.

The CBI already has offices in Jammu and Srinagar and has investigated some high-profile cases in the erstwhile state in the last two decades. The infamous 2006 sex scandal, in which several senior politicians, bureaucrats, police and BSF officers were arrested, was also investigated by the CBI.

Another high profile case investigated by the CBI in Kashmir included the killing of five civilians allegedly in custody by the Army in Brakpora area of south Kashmir’s Anantnag district in 2000.

Sources told DH that the existing offices of the CBI in J&K are being strengthened in order to take up corruption cases. “In the coming months, the CBI is expected to crack its whip on corrupt officials in J&K.

Till August, Central laws were not directly applicable to J&K due to its special status under Article 370. On August 5, the Centre abrogated the special status and bifurcated J&K into two union territories.