Chapter II ESTABLISHMENT OF SPECIAL COURTS

(1) The State Government shall, for the purpose of speedy trial of offence, by notification, establish as many Courts as considered adequate to be called Special Courts. (2) A Special Court shall be presided over by a Judge to be nominated by the State Government with the concurrence of the High Court of Orissa. (3) No person shall be qualified for nomination as a Judge of a Special Court unless he is a serving officer belonging to Orissa Superior Judicial Service (Senior Branch) and is or has been a Sessions Judge in the State.

A Special Court shall take cognizance of and try such cases as are instituted before it or transferred to it under section 10.

(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, who held high public or political office in the State of Orissa, the State Government shall make a declaration to that effect in every case in which it is of the aforesaid opinion. (2) Such declaration shall not be called in question in any Court.

(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) Where any declaration made under section 5 relates 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.

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) A Special Court shall, in the trial of such cases, follow the procedure prescribed by the Code for the trial of warrant cases before a Magistrate. (2) Save as expressly provided in this Act, the provisions of the Code and of the Prevention of Corruption Act, 1988 shall, in so far as they are not inconsistent with the provisions 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) 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) Notwithstanding anything in the Code, an appeal shall lie from any judgement and sentence of a Special Court to the High Court of Orissa both on facts and law. (2) Except as aforesaid, no appeal or revision shall lie in any court from any judgement, sentence or order of a Special Court. (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 may entertain an appeal after the expiry of the said period of thirty days if it is satisfied for reasons to be recorded in writing 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 Orissa to transfer cases from one Special Court to another.

(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) The Special Court shall endeavour to dispose of the trial of the case 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.