MINISTRY OF HOYU AFFAIRS NOTIFICATION Nevv Delhi, the 21M Januan. 1987 S.O. 24(F.} In Kxereise of ihe po«e^ conferred b\ clause iq) o! sub section \2) of 139 of the National Security Guard Act. 1980 (47.of 198b). The Centre Government hereby makes the following ruU-s.
namely :-
1. Short title: - These rules may be called the Crimnal Courts and Security Guard Courts (Adjustment of.lurisdiction) Rule 1987.
2, Definitions: - In these rules, unless the context otherwise requirds:-
(i) "Act" means the National Security Guard Act,1986 (47 of 19H6);
(ii) "'Commander" in relation to a person subjet to the Act, means' the Officer Commanding the unit' or detachment to which such person belongs or is attached:
(iii) "Competent Authority" Means the Director General, Inspector General, or a Deputy Inspector General of the National Security Guard;
(iv) Words and expression used in these rules and not defined hut defined in the Act shall have the meaning respectively assigned to them in the Act.
3. Trial of person subject to the Act: - Where a person subject to the Act, is brought before a Magistrate and charged with an offence for which he is liable to be tried by a Security Guard Court. Such Magistrate shall not proceed to try such person or to inquire with a view to his commitment for trial by the Court of Sessions or the High Court for an\ offence triable by such Court, ufiless,-
(a) he is of the opinion, for reasons to be recorded in writing that he should so proceed without being moved thereto by tin competent authority; or
(b) he is moved thereto b\ such authority.
4. Notice by Magistrate: -Before proceeding under clause fa] of rule ">. The Magistrate shall aive wriuen notice to the Commander of the accused and unit the exprity of a period of :-
(i) Three weeks, in the case of a notice given to a Commander in command of a unit or detachment located in any of the following areas, that is to say:- Nagaland, Mizoram, Meghalaya and North Cachar Hill Districts of Assam, or •
(ii) Ten days in the case of a notice given to any other Commander in command of a unit or detachment located elsewhere in India, from the date of the service of such notice, he shall not,
(a) convict or acquit the accused under section 252 or section 255(1) , (2) or section 256 or section 257 of the Code of Criminal Procedure, 1973 (2 of 1974) or hear him in his defence under section 254 of the said code; or
(b) frame in writing a charge against the accused under section 246 of the said Code; or
(c) make an order committing the accused- for trial by the High Court or the Court of Sessions under section 192 of the said Code;or
(d) transfer the case for inquiry or trial under section 192 of the said Codr.
5. Procedure on notice to the Magistrate :- Where within the period mentioned in rule 4 above, or at any time thereafter before the Magistrate has done any act or made any order referred to in that rule. The Commander of the accused or the competent authority, as the case may, be gives notice to the Magistrate that in the opinion of such authority, the accused should be tried by a Security- Guard Court. The Magistrate shall stay proceedings and if the accused is in his power or under his control, shall deliver him with the statement prescribed in sub-section (1) of section 475 of the Code of Criminal Procedure 1973(2 of i 974) to the authority specified in the said Mih section.
Procedure on notice to Magistrate before Commencement of trial :- Where a Magistrate has been moved by the competent authority under clause (b) of rule 3 and the Commander of the accused or the competent authority, as the case may be subsequently gives notice to such Magistrate that, in the opinion of such authority the accused should be tried by a Security Guard Court, such Ivlagistrate if he has not before receiving such notice, done any act or made any order referred to. in rule 4, shall stayproceedings. And if the accused is in his power or under his control, shall in the like manner deliver him. with the statement prescribed in sub- section(l) of section 475 of the Code of criminal Procedure, 1973 (2 of* 1974) to the authority specified in the said sub-section.
Intimation regarding trial of accused :-
(1) when an accused has been delivered by the Magistrate under rule 5 or 6 the Commander of the accused or the competent authority as the case may be, shall as soon as may be inform the Magistrate whether the accused has been tried by a Security Guard Court or other effectual proceedings have been taken or ordered to be taken against him.'
(2) When the Magistrate has been informed under sub rule
(1) that the accused has not been tried or other effectual proceedings have not been taken or hot ordered to be taken against him the Magistrate shall report the circumstances to the state Government, which may, in consultation with the Central •Government, take appropriate steps to ensure that ihe accused person is dealt with in accordance with law.
Reference to Central Government for determination of court of trial :- Notwithstanding anything contained in the foregoing rules, where it comes to the notice of a Magistrate that a person subject to the Act has committed an offence. Proceedings in respect of which ought to be instituted before him and that the presence of such person cannot be procured except through the Commander or the competent authority. The Magistrate may by a written notice, require the commander of such person either to deliver such person ,to a Magistrate to be named in the said notice for being proceeded against according to law, or to say the proceedings against such person before the Security Guar̂ i court, if since instituted, and to make a reference to the Central ^Government for determination as to the .court, before which proceedings should be instituted.
Delivery of accused to the Magistrate :- where a person subject to the Act has commuted an offence which in the opinion of the competent authority ought to be tried by a Magistrate in accordance with the civil law in force or where the Central Government, on a reference mentioned in rule-8, decides that the proceedings against such person should be instituted before a Magistrate, the commander of such person shall, after giving a written notice to the Magistrate concerned deliver such person under proper escort to that Magistrate.
(NO.K-16011/4/86NSG) Sd/- V . K. JAINJt Secy.