Law:

Section:

Azad Jammu and Kashmir Council Extradition of Fugitive Offenders Act, 1984-------Preamble---Azad Jammu and Kashmir Council Extradition of Fugitive Offenders Ordinance, 1995, S. 7---Azad Jammu and Kashmir Interim Constitution Act, (VIII of 1974), S. 21---Validity of Azad Jammu and Kashmir Council Extradition of Fugitive Offenders Act, 1984, challenged on the touchstone of S. 21, Azad Jammu and Kashmir Interim Constitution Act, 1974---High Court declared Azad Jammu and Kashmir Council Extradition of Fugitive Offenders Act, 1984 to be void on the ground that at the relevant time Council stipulated under S. 21 of the Constitution did not exist, and therefore, the; Act could not be passed and having been passed in absence of Council was void---Validity---During pendency of appeal before Supreme Court, Azad Jammu and Kashmir Council Extradition of Fugitive Offenders Ordinance, 1995 was promulgated which besides containing all the provision's of Azad Jammu and Kashmir Council Extradition of Fugitive Offenders Act, 1984, also contained S. 7, whereby all the actions taken under impugned Azad Jammu and Kashmir Council Extradition Act, 1984 were validated---Validating provision of the Ordinance, 1995 stipulated that despite any decree or order of High Court all actions taken, notifications issued, orders or appointments made, proceedings initiated, jurisdiction or powers exercised under the old Extradition Act, 1984, would be deemed to have been validly done, issued; made, initiated or exercised under the Ordinance of 1995---Even if it be assumed that actions taken against respondents were not justified under impugned Extradition Act, 1984, after promulgation of Extradition Ordinance, 1995, those would be deemed to have been taken under the Ordinance--­Concerned authority was thus, competent to take action under Extradition Act, 1995 and as such could continue the actions already initiated under the old Extradition Act, 1984---Relief given to respondents by the High Court was, thus, no longer sustainable in view of enactment of Azad Jammu and Kashmir Council Extradition Ordinance, 1995---Judgment of High Court was thus to be vacated whereby actions taken against…

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