Anita Kushwaha v. Pushap Sudan
Background
This judgment answers a question of law; it does not decide the case itself. A three-judge bench referred thirteen transfer petitions to a Constitution Bench to decide whether the Supreme Court has power under the Constitution to transfer civil or criminal cases between courts in Jammu and Kashmir and courts elsewhere in India. The ordinary transfer provisions of the civil and criminal procedure codes, and their Jammu and Kashmir equivalents, do not expressly cover such transfers.
Decision Breakdown
This is not a final judgment in the case itself. The five-judge Bench answered the question in the affirmative, holding that Articles 32, 136 and 142 are wide enough to permit such transfers where refusal would deny a citizen's right of access to justice. It did not decide whether any individual case should in fact be transferred. It directed that the transfer petitions be listed before the regular bench for hearing and disposal on merits.
Lesson Learnt
Access to justice is part of the right to life under Article 21, and the Supreme Court can use its constitutional powers to transfer cases to or from Jammu and Kashmir courts. There is no final ruling yet on whether this petitioner's own case will be transferred.