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19

Procedure and powers of special Court

Act: Anti-Terrorism Act 1997

Section Provisions

ANTITERRORISM, ACT, 1997 ANTI-TERRORISM ACT, 1997 19. Procedure and Powers of Special Court.‑‑(1) The officer incharge of a police station shall complete the investigation in respect of a case triable by at Special court within seven working days find forward directly to the Special Court a report under section 173 of the Code. Provided that the Special court may extend the time within which such report is to be forwarded in a case where good reason are shown for not being able to do so within the time specified in this sub‑section. (2) Any default on the part of an officer‑in‑charge of a police station, an investigating officer or any other person required by law to perform any functions in the effect of, delaying investigation or submission of the report under sub‑section (1), shall b2 deemed to be a willful disobedience of the orders of the Special Courts and the person committing the default shall be liable to be punished for contempt of court. (3) The Special court may directly take cognizance of a case triable by such Court without the case being sent to it under section 190 of the Code. (4) In a case triable by a Special Court, orders for detention of an accused in police custody under section 167 of the Code shall be obtained from the Special Court concerned which shall record reasons for authorizing or refusing such detention. Provided that, where an accused cannot within twenty‑four hours may be obtained from the nearest Magistrate for the purpose of producing the accused before the Special Court within that period (5) Where, in a case triable by a Special court., an accused has been ceased from police custody under section 169 of the code has been remanded to judicial custody the Special court may, on good grounds being shown by a Public Prosecutor or a Law Officer of the Government for reasons to be recorded in writing, make an order for placing him in police custody for the purpose of further investigation in the case. (6) A Special Court shall be deemed to be a magistrate for purpose of sub‑sections (4) and (5). (7) A The Special Court shall, on taking cognizance of a case, proceed with the trial from day to day and shall decide the case within seven working days (8) A special court shall not adjourn any trial for any purpose unless such adjournment is, in its opinion, necessary in the interest of justice and no adjournment is, in its opinion, necessary in the interest of justice and no adjournment shall, in any case, be granted for more than two working days (9) A special court shall not, merely by reason of a change in its composition or transfer of a case under sub‑section (1) of section 10, be bound to recall and re‑her any witness who has given evidence and may act on the evidence already recorded. (10) Any accused person may be tried in his absence if the Special court, after such inquiry as it deems fit, is satisfied that‑‑ (a) such absence is deliberate and brought about with a view to impeding the course of justice; or , (b) the behaviour of the accused in court has been such as to impede the course of justice and the Special Court has not that account ordered his removal from the court. Provided that, in case a case referred to in clause (a), the accused person shall not be tried unless a proclamation has been published in respect, of him in at least three national daily newspapers out of which .one shall be in the Urdu language requiring him to appear at a specified place within seven (lays failing which action may also be taken against him under section 88 of the Code: Provided further that the Special Court will proceed with the trial after taking the necessary steps to appoint an advocate to defend the accused person who is not before the Court. Explanation.‑‑A accused who is tried in his absence tinder subsection (10) shall be deemed not. to have admitted the commission of any offence for which he has been charged. (11) The advocate appointed under the second proviso to sub‑section (10) shall be a person suspected by the Special Court for the purpose and he shall he engaged at the expense of the Government. (12) If, within sixty days from the date of his conviction, any person tried under sub‑section (10) appears voluntarily, or is apprehended and brought before the Special Court and proves to its satisfaction t hat he did not abscond or conceal himself or the purpose of avoiding the proceeding against him, the Special Court and proves to its satisfaction that lie did not abscond or conceal himself for the purpose of avoiding the proceeding against him, the Special Court shall set aside his conviction and proceed to try him in accordance with law for the offence with which he is charged: Provided that the Special Court may exercise its powers under this sub‑section in a case in which a person as aforesaid appears before it after the expiration of the said period and satisfies it that he could not appear within in the said period by reason of circumstances beyond his control. (13) Where a scheduled offence is punishable with imprisonment for a term not exceeding three years, or with fine, or with both, a special court may notwithstanding anything contained in sub‑section (1) of section 260 or section 262 of the code shall, so far as may be, apply to such trial: Provided that, in the case of a conviction in a summary trial under this section, it shall be lawful for a special court to pass a sentence of rigorous imprisonment for a term not exceeding two years: Provided further that a Special Court shall not try in a summary way any case which was pending in any court immediately before the commencement of this. Act, and is transferred to the special under section (10). (14) Subject to the other provisions of this Act; a Special court shall, for the purpose of trial of any offence, have all the powers of, a court sessions and shall try such offence as if it were a Court of Sessions as far as may be in accordance with the procedure prescribed in the code for trial before a court of sessions.