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8

Transfer of proceedings for reasons personal to the Judge

Act: Azad Jammu and Kashmir Contempt of Court Act 1993

Section Provisions

THE CONTEMPT OF COURTS ACT, 1993 THE CONTEMPT OF COURTS ACT, 1993 (ACT XXVII OF 1993) (Dated June 26, 1993) WHEREAS it is necessary and expedient to provide for and enforce the law relating to Contempt of Courts in the manner hereinafter appearing; It is hereby enacted as follows :‑ 8. Transfer of proceedings for reasons personal to the Judge.‑--- (1) Where, in a case in which a Judge has made an order under subsection (1) of Section 7, not being a case referred to in sub‑section (4) of that Section, the alleged contempt of court involves scandalization personal to such Judge, or same judges and is not scandalization of the court as a whole or of all the Judges of the court, the Judge shall forward the record of the case and such comments, if any, as he deems fit to make, to tile Chief Justice of the Court. (2) On receipt of the papers mentioned in subsection (1) the Chief Justice, after inviting, if he deems fit, further comments, if any, from the Judge first taking cognizance of the offence and making such inquiry in such manner as he deems fit, shall pass orders specifying which one of the following shall hear the case‑‑‑ (a) another Judge, which, if the Chief justice so orders, may be the Chief Justice; (b) a Bench of judges set up by the Chief justice, of which the Judge first taking cognizance of the offence is not member; and the case shall then be heard accordingly. (3) If, at any stage of a case in which the Chief Justice has passed an order under clause (a) of subsection (2), the Chief justice is of opinion that, in the interests of justice, the case shall be transferred to another Judge, he may pass an order accordingly; and the case shall then be heard by such Judge. (4) When, in pursuance of an order under subsection (2), the Judge first taking cognizance of the case is not hearing the case: (a) the other Judge, or as the case may be, the Bench of Judges hearing the case may invite or receive any further comments from the judge first taking cognizance of the offence and shall call and hear any witnesses whom such Judge desires to be examined: and (b) all comments furnished by the Judge first taking cognizance of the offence shall be treated as evidence in the case and such Judge shall not be required to appear to give evidence. (5) When in a case the first cognizance of the offence leas been taken by the Chief justice, the functions of the Chief justice under subsections (1) , (2) and (3) shall be performed by a Bench of Judges composed of the two next most senior judges available.