Special Court For Emigration law.

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Special Court For Emigration law.

Unread postby Admin » Tue Oct 02, 2012 12:04 pm

Special Court For Emigration law.

(1) The Federal Government may by notification in the official Gazette, set no as many Special Courts as it considers necessary and where it sets up more than one Special Court shall specially in the notification the headquarters of each Special Court and the territorial limits within which it shall exercise jurisdiction under this Ordinance.

(2) A Special Court shall consist of a person who is or has been a Sessions Judge or an Additional Sessions Judge.

(3) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898), an offence punishable under this Ordinance shall be tried exclusively by a Special Court.

(4) The provisions of the Code of Criminal Procedure, 1898 (Act V of 1898) so far as they are not inconsistent with the provisions of this Ordinance, shall apply to the proceedings of a Special Court, and such Court shall be deemed to be a Court of a Session for the purpose of the said Code and the provisions Chapter XXII-A of the Code, so far as applicable and with the necessary modifications, shall apply to the trial of cases by a Special Court under this Ordinance and a person conducting prosecution before Special Court shall be deemed to be a Public Prosecutor.

(5) For purposes of sub-section (4), the Code of Criminal Procedure, 1898 (Act V of 1898), shall have effect as if an offence punishable under this Ordinance where one of the offences referred to in sub-section (1) of section 337 of the Code.

(6) A Special Court shall take cognizance of, and have jurisdiction to try, an offence punishable under this Ordinance only upon a complaint in writing which is accompanied by the previous sanction of the Federal Government:
Provided that, in a case in which the complaint is not accompanied by such sanction the Special Court shall, immediately on its receipt, refer the latter to the Federal Government; and, if the required sanction is neither received nor refused within sixty days of the receipt of the reference by the Federal Government, such sanction shall be deemed to have been duly accorded.
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