Section 11   [ View Judgements ]

Jurisdiction of Designated Courts


(1) Notwithstanding anything contained in the Code, every offence punishable under any provision of this Act or any rule made thereunder shall be triable only by the Designated Court within whose local jurisdiction it was committed or, as the case may be, by the Designated Court constituted for trying such offence under sub-section (1) of section 9.



(2) If, having regard to the exigencies of the situation prevailing in a State, the Central Government is of the opinion that-



(a) the situation prevailing in such State is not conducive to a fair, impartial or speedy trial, or



(b) it is not likely to be feasible without occasioning the breach of peace or grave risk to the safety of the accused, the witnesses, the Public Prosecutor and the Judge of the Designated Court or any of them, or



(c) it is not otherwise in the interests of justice, it may, with the concurrence of the Chief Justice of India (such concurrence to be obtained on a motion moved in that behalf by the Attorney-General), transfer any case pending before a Designated Court in that State to any other Designated Court within that State or in any other State.



(3) Where the whole or any part of the area within the local limits, of the jurisdiction of a Designated Court has been declared to be, or forms part of, any area which has been declared to be a disturbed area under any enactment for the time being in force making provision for the suppression of disorder and restoration and maintenance of public orders, and the Central Government is of opinion that the situation prevailing in the State is not conclusive to fair, impartial or speedy trail within the State of offences under this Act or the rules made thereunder which such Designated Court is competent to try, the Central Government may, with the concurrence of the Chief Justice of India, specify by notification in the Official Gazette, in relation to such Court (hereafter in this sub-section referred to as the local Court) a Designated Court outside the State (hereafter in this section referred to as the specified Court), and thereupon-



(a) it shall not be competent, at any time during the period of operation of such notification, for such local court to exercise any jurisdiction in respect of, or try, any offence under this Act or the rules made there under;



(b) the jurisdiction which would have been, but for the issue of such notification, exercisable by such local court in respect of such offences committed during the period of operation of such notification shall be exercisable by the specified Court;



(c) all cases relating to such offences pending immediately before the date of issue of such notification before such local Court shall stand transferred on that date to the specified Court;



(d) all cases taken cognizance of by, or transferred to, the specified Court under Cl. (b) or Cl. (c) shall be dealt with and tried in accordance with this Act (whether during the period of operation of such notification or thereafter) as if such offences had been committed within the local limits of the jurisdiction of the specified Court or, as the case may be, transferred for trial to it under sub-section (2).



Explanation 1.-A notification issued under this sub-section in relation to any local Court shall cease to operate on the date on which the whole or, as the case may be the aforementioned part of the area within the local limits of its jurisdiction, ceases to be a disturbed area.



Explanation 2.-For the purposes of this section, Attorney- General" means the Attorney-General of India or, in his absence, the Solicitor-General of India or, in the absence of both, one of the Additional Solicitor-General of India.

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