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8

Procedure 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:- 8. Procedure of Special Court.--- (1) On taking cognizance of a case, the Special Court shall proceed speedily with the trial from day to day and shall decide the case within two weeks and for any delay, sufficient reasons shall be recorded. (2) 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 shall, in any case, be granted for more than two working days. (3) A Special Court shall not, merely by reason of a change of its composition or transfer of a case under Sub section (2) of Section 5 or Section 6 be bound to recall and rehear any witness who has given evidence, and it may act on the evidence already recorded. (4) All proceedings before a Special Court shall be conducted in open court: Provided that, where the Public Prosecutor as applies or the Special Court considers it necessary so for any reason, any proceedings or part thereof may be held in camera.