5
Jurisdiction of Special Court
Act: Azad Jammu and Kashmir Special Courts for Speedy Trials Ordinance 1993
Section Provisions
THE AZAD JAMMU AND KASHMIR THE AZAD JAMMU AND KASHMIR SPECIAL COURTS FOR SPEEDY TRIALS ORDINANCE, 1993. (ORDINANCE IX OF 1993) [26th January, 1993] AN ORDINANCE to provide for the establishment of Special Courts for speedy trial. WHEREAS it is expedient in the public interest to provide for the establishment of Special Courts for Speedy trial and for matters connected therewith; AND WHEREAS the Legislative Assembly is not in session and the President is satisfied that the circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by sub section (1) of Section 41 of tile Azad Jammu and Kashmir Interim Constitution Act, 1974, the President is pleased to make and promulgate the following Ordinance:- 5. Jurisdiction of Special Court.------ (1) If the Government is of the opinion that a case relating to any offence which has been registered should be tried and decided speedily, it may order that such case shall be tried by s Special Court. (2) If the Government is of the opinion that a case pending before any Court should, in the public interest, be tried and decided speedily, it may, by order in writing transfer the same for trial to a Special Court. (3) The Special Court shall have exclusive jurisdiction to try a case in respect of which an order has been made under sub-section (1) or sub- section (2) and no other court shall have any jurisdiction or entertain any proceeding in respect thereof. (4) The Special Court may convict and sentence an accused for any offence of which he may be found guilty. (5) The Special Court shall have, in respect of a case tribal by it, all the powers which a High Court has in relation to a trial before it under the Code, including the powers relating to the grant or cancellation of bail or recall or amendment of any order, and shall subject to this Ordinance as nearly as may be, follow the procedure provided in the Code for such trial.