(1) If, in any proceeding before a Special Judge,––
(a) a person convicted is sentenced to death or to imprisonment for life, or
(b) though no person is so sentenced, the Special Judge certifies that in his opinion the case has involved questions of special difficulty, whether of law or fact or is one which for any other reason ought properly to be reviewed, the proceedings shall be submitted for review by a person chosen by the [Government of Union territory of Jammu and Kashmir] from the Judges of the High Court and the decision of that person shall be final.
(2) Where any proceedings are so submitted for review, the Judge reviewing the proceedings may exercise in his discretion any of the powers exercsable under [section 401 of the Code of Criminal Procedure, 1973 (2 of 1974)], by the High Court in the case of any proceedings which the said [section 439] refers :
Provided that where in the exercise of these powers the Judge reviewing the proceedings directs a retrial of the accused, or directs further evidence to be taken, the reviewing Judge may direct the retrial to be held or the further evidence to be taken by the Special Judge by whom the case was tried in the first instance or by any other Special Judge, or by a Special Judge to be appointed for the purpose by the [Government of Union territory of Jammu and Kashmir].
(3) The person appointed under sub-section (1) to review the proceedings of a special Judge may call for and examine the record of any proceedings before the Special Judge for the purpose of satisfying himself as to the correctness, legality or propriety of any finding, sentence or order recorded or passed and as to the regularity of any proceedings of the Special Judge, and may exercise in the case of proceedings the record of which has been so called for any of the powers which would have been exercisable by him in the case of such proceedings had they been submitted to him for review under sub-section (1).