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Section 4 – The Terrorist Affected Areas (Special Courts) Act 1984

The Terrorist Affected Areas (Special Courts) Act 1984

Section 4. Establishment of Special Courts

(1) For the purpose of providing for speedy trial of scheduled offences committed in a judicial zone, the Central Government may establish, by notification, a Special Court in relation to such judicial zone-

(a) Within such judicial zone; or

(b) If the Central Government having regard to the exigencies of the situation prevailing in such judicial zone considers it expedient so to do, at any place outside such judicial zone but within the State in which such judicial zone is situated.

(2) Notwithstanding anything contained in sub-section (1), if, having regard to the exigencies of the situation prevailing in a State, the State Government is of the opinion that it is expedient to establish in relation to a judicial zone, or in relation to two or more judicial zones, in the State, an Additional Special Court outside the State, for the trial of such scheduled offences committed in the judicial zone or judicial zones, the trial whereof within the State-

(a) Is not likely to be fair or impartial or completed with utmost dispatch; or

(b) Is not likely to be feasible without occasioning a breach of peace or grave risk to the safety of the accused, the witnesses, the Public Prosecutor and the Judge or any of them; or

(c) Is not otherwise in the interests of justice, the State Government may request the Central Government to establish in relation to such judicial zone or judicial zones an Additional Special Court outside the State and thereupon the Central Government may, after taking into account the information furnished by the State Government and making such inquiry, if any, as it may deem fit, establish, by notification, such addition Special Court at such place outside the State as may be specified in the notification.

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The Terrorist Affected Areas (Special Courts) Act 1984

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