In Brief
In this criminal appeal, the Supreme Court addressed a procedural transitional issue arising from Jammu & Kashmir's integration with India. Respondents were charged with attempting to ambush a CRPF convoy with explosives under various laws. The trial court and High Court differed on whether the government's required authorization for Section 120-B (conspiracy) prosecution under the former CrPC 1989 remained mandatory after the Union Territory adopted the CrPC 1973 on 31 October 2019. The Court held that while investigations may continue post-transition, mandatory procedural requirements of the repealed code cannot be waived retrospectively. However, as a curable defect, the government may now obtain the required authorization, allowing prosecution to proceed lawfully.
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