The Special Courts for Speedy
Trials Act, 1992
Act IX of 1992
22nd July 1992
An Act
to provide for the establishment of Special Courts for speedy Trials
Whereas
it is expedient in the public interest to provide for the establishment of
Special Courts for Speedy Trial and for matters connected therewith;
It is hereby enacted as follows:---
1.
Short title, extent and commencement:-- (1) This Act
may be called the Special courts for speedy trials Act, 1992.
(2) It extends to
the whole of Pakistan
(3) It shall come
in force at once.
2.
Definitions.‑‑In this Act, unless there is
anything repugnant in the subject or context:‑--
(a) “Code” means the Code of Criminal Procedure, 1898 (Act V
of 1898);
(b) “Government” means the Provincial Government;
(c) “Offence” means an offence specified in the
Schedule, or an offence punishable under any law for the time being in force,
which, in the opinion of the Government, is gruesome, brutal and sensational in
character or shocking to public morality or has led to public outrage or
created panic or an atmosphere of fear or anxiety amongst the public or a
section thereof; or which because of increase in its incident needs to be tried
most speedily; and
(d) “Special Court ”
means a Special Court constituted under
this Act.
3. Act to override
other laws.‑The Provisions of this Act shall
have effect notwithstanding anything contained in the Code or in any other law
for the time being in force.
4.
Constitution of Special Court.‑‑(1) The Government may, by
notification in the official Gazette, establish for the whole or any part of
the Pakistan
(3) The terms and conditions of service constituting the
special Courts except in cases where they are sitting Judges of the High
Courts, shall be such as may be determined by the government : --
5.
Jurisdiction of Special Court.‑‑(1) If the Government is of the opinion
that a case relating to an offence which has been registered should be tried
and decided speedily, it may order that such case shall be tried by a Special
Court.
(2) If the Government is of the opinion that a case pending
before any court should be tried and decided speedily, it may, by order in
writing, transfer the same for trial to a Special Court .
(3) The Special Court shall have the exclusive jurisdiction
to try a case in respect of which an order has been made under sub-section (1)
or sub-section (2) and no other Court shall have any jurisdiction or entertain
any proceedings in respect thereof : --
“Explanation:--
For the purpose of this section case includes a case initiated on a complaint
made under Section 200 of the Code.”
(4) The Special Court
may convict and sentence an accused for any offence of which he may be found
guilty.
(5) The Special Court shall have, in respect of a case
triable by it, all the powers which a High Court has in relation to a trial
before it under the Code including the powers relating to the grant or
cancellation of bail or recall or amendment of any orders and shall subject to
this Act follow the procedure provided in the Code for such trial.
6. Transfer of cases.—The
Government may, if it considers it expedient to do so in the interest of
justice or where the convenience of the parties or the safety of the accused or
of the witnesses so requires, transfer any case from one
Special Court to another.
7. Taking of
cognizance.‑‑(l) The officer-in-charge of a police
station shall complete the investigation and forward directly to the Special
Court a report under section 173 of the Code within fourteen days in respect of
a case triable by such Court:---
Provided that
the Special Court may extend the time
within which such report is to be forwarded in a case where good reasons are
shown for not doing so within the time specified in this subsection.
(2) Any default on the part of an officer incharge of a
police station, an investigation officer or any other person required by law to
perform any functions in connection with the investigation, which results in,
or has the effect of delaying the investigation or the submission of the report
under subsection (1) shall be deemed to be a willful disobedience of the order
of the Special Court and dealt .with under the law accordingly.
(3) The Special Court
may directly take cognizance of a case triable by such Court without the case
being sent to it under section 190 of the Code.
(4) In case
triable by a Special Court, order for detention of an accused in police custody
under Section 167 of the Code shall be obtained from the Special Court
concerned which shall record reasons for authorizing or refusing such
detention:---
Provided that
where an accused cannot within twenty-four hours be produced before the Special Court , a temporary order for police custody not
exceeding twenty-four hours may be obtained from the nearest Magistrate, for
the purpose of producing the accused before the Special
Court within that period.
(5) Where, in a case
triable by the Special Court, an accused has been released from police custody
under Section 169 of the Code, or has been remanded to judicial custody, the
Special Court may, on sufficient grounds being shown by a Public Prosecutor or
a Law Officer of the Government for the reasons to be recorded in writing, make
an order for placing him in police custody for a period not exceeding seven
days for the purpose of further investigation in the case : --
(6) For the
purposes of sub-sections (4) and (5), a Special Court
shall be deemed to be a Magistrate:---
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 thirty days and for any delay, reasons shall be recorded:---
(4) All
proceedings before a Special Court shall
be conducted in open Court:---
Provided that, where the Public Prosecutor so applies or the Special
Court considers it necessary so to do for any reason, any proceedings or part
thereof may be held in camera:---
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 a case tried under this Act, by a police officer, officer-in-charge
of a police station, a witness, including an expert who 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, Section 191 to 204, 211 to 223 and 225-A of Chapter XI of the
Pakistan 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
purposed of trial under sub-section (1), the Special
Court may, 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, mutates mutandis, apply to an appeal against the final
order of conviction or acquittal made by the Special
Court under sub-section (1).
10.
Place of execution of sentence : -- The Government specify the place
of execution of any sentence passed under this Act, having regard to the
deterrent effect which such execution is likely to have.
11.
Bail. Notwithstanding the provisions of Section 439, 491, 496,
497, 498, 498-A and 561-A of the Code, no Court other than the Special Court
shall have the power or jurisdiction to grant bail to any accused person in a
case triable by a Special Court:---
Provided that
the Special Court shall not release the accused on bail, if there appear
reasonable grounds for believing that he has been guilty of the offence for
which he has been charged; nor shall an accused person be so released unless
the prosecution has been given notice to show cause why he should not be so
released.
12.
Contempt of Court : -- The Court shall have the power
to punish with imprisonment of either description for a term which may extend
to one year and with fine any person who,---
(a) abuses,
interferes with or obstructs the process of the Court in any way or disobeys
any order of the Court;
(b) scandalizes
the Court or otherwise does anything which tends to bring the Court or the
person constituting the Court in relation to his office into hatred, ridicule
or contempt;
(c) does anything
which tends to prejudice the determination of a matter pending before the
Court; or
(d) does any other
thing which, by an other law : -- Constitutes contempt of Court.
Explanation. In
this section, “Court” means a Special Court
or, as the case may be, a Supreme Appellate Court.
13.
Appeal. (1) An appeal against the final judgment of the Special Court shall lie to the Supreme Appellate court
which shall consist of,---
(a) a Chairman
being a Judge of the Supreme Court to be nominated by the Government after
consultation with the Chief Justice of Pakistan; and
(b) two Judges of
the High Courts to be nominated by the Government after consultation with the
Chief Justice of High Court concerned:---
(2) The Government
may establish as many Supreme Appellate Courts as it may deem necessary:---
(3) Copies of the
judgment of a Special Court shall be supplied to the accused and the prosecutor
free of cost on the day the judgment is pronounced and the record of the trial
shall be transmitted to the Supreme 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 Supreme Appellate Court within seven days of the passing of the
sentence:---
(5) The
Attorney-General, Advocate-General, Deputy Attorney-General, Assistant
Advocate-General, Standing Counsel or an Advocate appointed in this behalf
shall on being directed by the Government, present to the Supreme Appellate
Court an appeal against the order of acquittal or a sentence passed by a
Special Court within fifteen days of such order.
(6) An appeal
under this section shall be heard and decided by the Supreme Appellate Court
within thirty days of such order.
(7) A Supreme
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 Supreme Appellate Court shall, subject to the
provisions of this Act, have all the powers conferred on an Appellate Court
under Chapter XXXI of the Code.
14.
Delegation. The Government may, by
notification, delegate to the Provincial Government, subject to such conditions
as may be specified, al or any of the powers exercisable by it under this
Act.
15.
Indemnity. No suit, prosecution or other
legal proceedings shall lie against any person in respect of anything which is
in good faith done or intended to be done under this Act.
16.
Trial before Special Court to have
procedure. The trial under this Act of
any offence by a Special Court and
appearance of the accused before it shall have precedence over the trial of any
other Court, except where he is required to appear in person by the High
Court.
17.
Rules. The Government may, by notification in the official
Gazette make rules for carrying out the purposes of this Act.
18.
Repeal. The Special Court
For speedy Trials Ordinance, 1992 (II of 1992), is hereby repealed:---
THE SCHEDULE
[See Section 2(c)]
1. Offences punishable under
Section 121-A, 121-A, 123, 123-A, 161, 162, 163, 302, 303, 354-A, 363, 364,
364-A, 365-A, 367, 368 369, 386, 387, 392 to 404, 406 to 409,417 to 420, 436,
440 and 465 of the Pakistan Penal Code (Act XLV of 1860), and as attempts,
abetments and conspiracies in relation or connected therewith:---
2. Offences
under the Arms Act, 1878 (XV of 1878).
3. Offences
under Section 25 of the Telegraph act, 1881 (XIII of 1885).
4. Offences
under the Explosive Substances Act, 1908 (VI of 1908).
5. Offences
punishable under the Prevention of Corruption Act, 1947 (II of 1947).
6. Offences
under the Pakistan
7. Any
offence punishable under sub-section (1) of Section 13 of Anti-National
Activities Act, 1974 (VII of 1974), if such offence constitute anti-national
activity within the meaning of sub-clause (i) or sub-clause (ii) of clause (a)
of Section 2 of that Act.
8. An
offence punishable under clause (a) of sub-section (1) of Section 27 of the
Drugs Act, 1976 (XXXI of 1976), in so far it relates to a spurious drug:---
9. Offences
under the Surrender of Illicit Arms Act, 1991 (XXI of 1991).
10. Any other offence committed in the
course of the same transaction in which any of the aforesaid offences in
committed, or in addition to, or in combination with, such offence:---
No comments:
Post a Comment