12
Jurisdiction of special Court
Act: Anti-Terrorism Act 1997
Section Provisions
ANTITERRORISM, ACT, 1997 ANTI-TERRORISM ACT, 1997 12. Jurisdiction of Special Court.‑‑(1) Notwithstanding anything contained in the Code or in any other law, a scheduled offence committed in aces, in a Province shall be triable only be the Special Court exercising territorial jurisdiction in relation to such area. (2) Notwithstanding anything contained in sub‑section (1), if, in respect of a case involving a scheduled offence committed in any area, the Government, having regard to the facts and circumstances of the case, is Satisfied that in order to ensure a fair trial, or for the protection and safety of witnesses, that such offence should be tried by a Special Court established in relation to any other area the Government may make a declaration to the effect. Explanation.‑‑Where a Special Court, is established in relation to two or more areas, such Special Court shall be deemed, for the purpose of this sub-section, to have been established in relation to each of such areas. (3) Where a declaration is made in respect of an offence committed in an area in a province, any prosecution in respect of such offense shall be instituted only in the Special Court established in relations to such area, and if any prosecution in respect of such offence is pending immediately before such declaration in any other court, the same shall stand transferred 'o such Special Court and such Special Court shall proceed with such cases from the stage at which it was pending at the time without the necessity of recalling any witness