← Back to Azad Jammu and Kashmir Special Courts for Speedy Trials Ordinance 1993 Outline

13

Appeal

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:- 13. Appeal.----- (1) An appeal against the final judgment of the special Court shall lie to the Special Appellate Court established by the Government and consisting of person who is, or has been, or is qualified for appointment as a judge of the Supreme Court, hereinafter referred to as Special Appellate Court; Provided that a case involving sentence of death shall be heard and decided by a Special Appellate Court consisting of a Bench of not less than two judges each one of whom is qualified for appointment as such and, in case of difference of opinion, the case shall be laid before another judge of the Special Appellate Court, whose decision thereon shall be final. (2) The Government may establish as many Special Appellate Courts as it may deem necessary. (3) Copies of the judgment of a Special Court shall be supplied to the accused and the prosecution free of cost on the day the judgement is pronounced and the record of the trial shall be transmitted to the Special Appellate Court within three days of the decision. (4) An appeal under sub-section (1) shall be preferred by a person sentenced by the Special Court to the Special Appellate Court within seven days of the passing of the sentence. (5) The Advocate General or .Additional Advocate General may, on being directed by the Government, shall present to the Special Appellate Court an appeal against the order of acquittal or a sentence passed by a Special Court within thirty days of such order. (6) An Appeal under this Section shall be heard and decided by the Special Appellate Court within seven days from the date of lodging of appeal against sentence and within fourteen days in case of appeal on behalf of the State. (7) A Special Appellate Court shall sit at such places, and have jurisdiction within such territorial limits, as may be fixed by the Government. (8) In exercise of the appellate jurisdiction, a Special Court shall, subject to the provisions of this Ordinance, have all the powers conferred on an Appellate Court under Chapter XXXI of the Code.