The Meghalaya Special Courts Act, 2014

1. (1) This Act may be called the Meghalaya Special Courts Act, 2014.
2. (2) It shall extend to the whole State of Meghalaya.
3. (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

In this Act, unless the context otherwise requires,-

1. (a) “Act” means the Meghalaya Special Court Act, 2014;
2. (b) “Authority” means officials performing duties under the Act;
3. (c) “Code” means the Code of Criminal Procedure, 1973 and Indian Penal Code, 1860;
4. (d) “declaration” in relation to an offence, means a declaration made under section 5 in respect of such offence;
5. (e) “High Court” means High Court of Meghalaya;
6. (f) “offence” means an act or omission made punishable under any law for the time being in force;
7. (g) “prescribed” means prescribed by rules under this Act; and
8. (h) “Special Court” means a Special Court established under section 3;

1. (1) The State Government shall, for the purpose of speedy trial of any offences shall in consultation with the High Court of Meghalaya, by notification, establish as many courts as considered necessary to be called Special Courts.
2. (2) A Special Court shall be presided over by a Judge belonging to the Meghalaya Judicial Services nominated by the High Court of Meghalaya.
3. (3) The Grade of the Judge will be decided by the High Court of Meghalaya before nomination depending on the offences to be tried by the Special Court.

A Special Court shall take cognizance of and try such cases as are instituted before it in a manner as laid down in the Code.

1. (1) If the State Government is of the opinion that there is prima-facie evidence of the commission of an offence alleged to have been committed by a person that should be tried by Special Court established under this Act, the State Government shall make a declaration to that effect in every case in which it is of the aforesaid opinion.
2. (2) Such declaration shall not be called in question in any Court.

1. (1) On such declaration being made, notwithstanding anything in the Code or any other law for the time being in force, any prosecution in respect of the offence shall be instituted only in a Special Court.
2. (2) Where any declaration made under section 5 related to an offence in respect of which a prosecution has already been instituted and the proceedings in relation thereto are pending in a Court other than special Court, such proceedings shall, notwithstanding anything contained in any other law for the time being in force, stand transferred to Special Court for trial of the offence in accordance with this Act except cases falling under other Special Court constituted under any Central or State law.

A Special Court shall have jurisdiction to try any person alleged to have committed the offence in respect of which a declaration has been made under section 5, either as principal, conspirator or abettor and for all the other offences and accused persons as can be jointly tried therewith at one trial in accordance with the Code.

1. (1) A Special Court shall, in the trial of such cases, follow the procedure prescribed by the Code for the trial of cases before a Magistrate.
2. (2) Save as expressly provided in this Act, the provision of the Code shall, so far as they are not inconsistent with the provision of this Act, apply to the proceedings before a Special Court and for the purpose of the said provisions, the persons conducting a prosecution before a Special Court shall be deemed to be a Public Prosecutor.
3. (3) A Special Court may pass, upon any person convicted by it, any sentence authorised by law for the punishment of the offence of which such person is convicted.

1. (1) Notwithstanding anything in the Code, an appeal shall lie from any judgement and sentence of a Special Court to the High Court of Meghalaya both on facts and law.
2. (2) Except as aforesaid, no appeal or revision shall lie in any Court from any judgment, sentence or order of a Special Court.
3. (3) Every appeal under this section shall be preferred within a period of thirty days from the date of judgement and sentence of a Special Court: Provided that the High Court of Meghalaya may entertain an appeal after the expiry of the said period of thirty days if it is satisfied for reasons that the appellant had sufficient cause for not preferring the appeal within the period.

Notwithstanding the other provisions of this Act, it would be open to the High Court of Meghalaya to transfer cases from one Special Court to another.

1. (1) A Special Court shall not adjourn any trial for any purpose unless such adjournment is, in its opinion, necessary in the interests of justice and for reasons to be recorded in writing.
2. (2) The Special Court shall endeavour to dispose of the trial of the cases within a period of one year from the date of its institutions or transfer, as the case may be.

A Judge appointed under Section 3 to preside over a Special Court may act on the evidence recorded by his predecessor or predecessors or partly recorded by his predecessor or predecessors and partly recorded by himself.

Charge sheet of any offences, to be tried by a Special Court, shall be completed within sixty to ninety days.

No notice issued or served, no declaration made and no order passed, under this Act shall be deemed to be invalid by reason of any error in the description person mentioned therein, if such person is identifiable from the description so mentioned.

The provision of this Act shall be in addition to, and not in derogation of, any other law for the time being in force, and nothing contained herein shall exempt any person from any proceeding which might, apart from this Act, be instituted against him.

No suit, prosecution or other legal proceedings shall lie against any authority for anything in good faith done or intended to be done in pursuance of this Act.

1. (1) The State Government may, by notification, make such rules, if any, as it may deem necessary for carrying out the purpose of this Act.
2. (2) All rules made under this Act shall be laid, as soon as may be, before the State Legislature.

Notwithstanding anything contained in any law for the time being in force, the provisions of this Act shall prevail in case of any inconsistency.