Section 11: Entrustment of case to Courts sub-ordinate to the High Court

11. Entrustment of case to Courts sub-ordinate to the High Court.___(1) The Provincial Governments may, in respect of any repatriated prisoner or any class or group of repatriated prisoners by order specify the Court, other than the High Court, which shall have or exercise jurisdiction in any case or cases which may have been pending against such prisoner or prisoners, immediately before his or their repatriation: Provided that such Court shall be a Court which would have had jurisdiction to enquire into or try such case or cases, if the offence or offences involved had been committed within its jurisdiction. (2) On the making of an order under sub‑section (1) every case mentioned in such order shall be deemed to have been transferred for disposal to the Court specified in such order, and such Court shall proceed to hear and decide upon such case according to law, as if the offence to which it relates had been committed within the local limits of its jurisdiction, and all the provisions of the Code of Criminal Procedure (V of 1898) (including the provisions relating to appeal and revision) and of all other laws in force in the Province 2* * * shall apply to such proceedings. (3) Evidence already recorded to be evidence in the case. In any proceedings under sub‑section (2), all evidence, both oral and documentary, which has been duly received in the earlier proceedings against the repatriated prisoner held prior to his repatriation may, if duly authenticated, be received as evidence, for the same purposes as it may have been received if it had been recorded by a Court exercising similar jurisdiction in 1* * * Pakistan. (4) Exhibits, depositions and copies thereof shall be deemed to be duly authenticated if they purport to be duly signed, verified or certified by a judge or Magistrate having jurisdiction at the place, where the earlier proceedings against the repatriated prisoner, prior to his repatriation, were held.

Effective date: 1948-01-01

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