Section 46: Establishment of Special Courts

46. Establishment of Special Courts.__(1) The Federal Government and, if so directed by the Federal Government, the Provincial Government shall, by notification in the official Gazette, establish as many Special Courts as it considers necessary and appoint a Judge for each of such Courts and where it establishes more than one Special Court, it shall specify in the notification the place of sitting of each Special Court and the territorial limits within which it shall exercise jurisdiction under this Act. (2) There shall be two classes of Special Courts to try offences under this Act, namely :__ (i) Special Courts having the power to try all offences; and (ii) Special Courts having the power to try offences punishable with imprisonment for two years or less. (3) No person shall be appointed a Judge of a Special Court referred to (i) in sub-section (2) (i) unless he is or has been a Sessions Judge or an Additional Sessions Judge; and (ii) in sub-section (2) (ii) unless he is a Judicial Magistrate of the First Class. (4) A person shall be appointed as Judge of a Special Court after consultation with the Chief Justice of the High Court of the Province in which the Special Court is established. (5) The Federal Government or the Provincial Government may, in consultation with the Chief Justice of the High Court, confer the powers of a Special Court referred to__ (i) in sub-section (2) (i), on any Sessions Judge or Additional Sessions Judge ; and (ii) in sub-section (2) (ii), on any Judicial Magistrate of the First Class.

Effective date: 1997-07-11

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