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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:- 7. Taking of cognizance.---- (1) The officer-in-charge of a police station shall complete the investigation and forward directly to the Special Court report under Section 173 of the Code within fourteen days in respect of a case tribal by such Court: Provided that the Special Court may extend the time within which such report is to be forwarded in a case where good reasons 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 connection with the investigation, or the submission of the report under sub section (1) shall be deemed to be a willful dissidence of the order of the Special Court and dealt with under the law accordingly. (3) The Special Court may directly take cognizance of a case tribal by such court without the case being sent to it under Section 199 of the Code. (4) In a case tribal 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 be produced before the Special Court, a temporary order for police custody not exceeding 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 tribal by the Special Court, an accused has been released from police custody under Section 169 of the Code, or 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 the reasons to be recorded in writing, make an order for placing him in police custody for a period not exceeding ten days for the purpose of further investigation in the case. (6) For the purposes of subsection (4) and (5), a Special Court shall be deemed to be a Magistrate.