9
Congnizance of false evidence, etc.
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:- 9. Cognizance of false evidence, etc.---- (1) Notwithstanding anything contained in the preceding provisions. or any other law already in force, on pronouncement of the judgment, the Special Court shall have jurisdiction and power to take cognizance of an offence committed in the course of investigation or trial of case tried under this ordinance, by a police officer, officer-in-charge of a police station, a witness, including an expert who has tendered false opinion in a case relating to a matter covered by his speciality, whether he deposed in court or not, or any other person, under Section 176 to 182 of Chapter X, Sections 191 to 204, 211 to 223 and 225-A of Chapter XI of the Penal Code (Act No. XLV of 1860), or under any other law relating to false evidence and offences against public justice, and to summarily try him and award punishment provided for the offence under the law. (2) For the purpose of trial under sub-section (1), the Special Court may, as nearly as may be, follow the procedure specified in Chapter XXII of the Code. (3) The proceedings under sub-section (1) may be initiated by the Special Court on its own accord after the decision of the appeal, if any, or on an application made by a Law Officer or the person accused of an offence tried by the Special Court within thirty days from the order in appeal: Provided that the time requisite in obtaining the copy of the order of the appellate court shall be excluded. (4) The provisions of Section 13 shall, mutatis mutandis, apply to an appeal against the final order of conviction or acquittal made by the Special Court under sub-section (1).