(1) The State Government may, for the whole or any part of the State, constiute one or more Special Tribunals which or each of which shall consist of three members appointed by that Government.
(2) No person shall be appointed as a member of a Special Tribunal unless he— («) is qualified under olause (2) of article 217 of the Constitution for appointment as a Judge of a High Court; or Constitution of Special Tribunals.
5 of 1898.
(b) has exercised the powers under the Code of Criminal Procedure, 1898 (hereafter in this Chapter referred to as the Code) of any one or more of the following, namely:—
(i) Sessions Judge, Additional Sessions Judge, Chief Presidency Magistrate, Additional Chief Presidency Magistrate,
(ii) District Magistrate, Additional District Magistrate.
14. During the period during which the Proclamation of Emergency is in operation, the State Government may, by general or special order, direct that a Special Tribunal shall try any offence—
(a) under any rule made under section 3, or
(b) punishable with death, imprisonment for life or imprisonment for a term which may extend to seven years, triable by any court having jurisdiction within the local limits of the jurisdiction of the Special Tribunal and may in any such order dired the transfer to the Special Tribunal of any particular case from any other Special Tribunal or any other criminal court not being a High Court.
Jurisdiction of Special Tribunals.
15. (I) A Special Tribunal may take cognizance of offences without the accused being committed to it for trial,
(2) Save in cases of trials of offences punishable with death or imprisonment for life, it shall not be necessary in any trial for a Special Tribunal to take down the evidence at length in writing, but the Special Tribunal shall cause a memorandum of the substance of what each witness deposes, to be taken down, and such memorandum shal] be signed by a member of the Special Tribunal and shall form part of the record.
(3) A Special Tribunal shall not be bound to adjourn any trial for any purpose unless such adjournment is, in its opinion, necessary in the interests of justice.
(4) A Special Tribunal shall not, merely by reason of a change in its members, be bound to recall and to re-hear any witness who has given evidence, and it may act on the evidence already recorded by or produced before it.
Procedure otSpecial Tribunals.
3 4 2 THE GAZETTE OF INDIA EXTEAOHDINARY [PART H
(5) After an accused person has once appeared before it, a Special Tribunal may try him in his absence if, in its opinion, his absence has been brought about by the accused himself for the purpose of impeding the course of justice, or if the behaviour of the accused in court has been such as, in the opinion of the Special Tribunal, to impede the course of justice.
(6) In. the event of any difference of opinion among the members of a Special Tribunal, the opinion of the majority shall prevail.
(7) The State Government may, by notification in the Official Gazette, make rules providing for—
(i) the times and places at which Special Tribunals may sit;
and
(it) the procedure to be adopted in the event of any member of a Special Tribunal being prevented from attending throughout the trial of any accused person.
(8) A Special Tribunal shall, in all matters in respect to which no procedure has been prescribed by this Ordinance or by rules made thereunder, follow the procedure prescribed by the Code for the trial of warrant cases bv Magistrates.
Exclusion of public from proceedings of Special Tribunals.
16. In addition, and without prejudice, to any powers which a Special Tribunal may possess by virtue of any law for the time being in force to order the exclusion of the public from any proceedings, if at any stage in the course of a trial of any person before a Special Tribunal, application is made by the prosecution, on the ground that the publication of any evidence to be given or of any statement to be made in the course of the trial would be prejudicial to the safety of the State, that all or any portion of the public shall be excluded during any part of the hearing, the Special Tribunal may make an order to that effect, but the passing of the sentence shall in any case take place in public.
Power oi Special Tribunals.
17. A Special Tribunal shall have all the powers conferred by the Code on a Court of Session exercising original jurisdiction.
Sentence!
of Special Tribunals.