Report No. 96
21. Special Tribunals (Supplementary Provisions) Act, 1946 (26 of 1946)
This Act provides that where a special court established under the Criminal Law Amendment Ordinance, 1943 ceases to exist, it shall be deemed to be the Court of Session. Apparently, this technical provision was considered necessary to deal with appeal, execution return of property, etc., and other incidental matters in respect of proceedings of the special courts in question. The subject-matter of the Act seems to fall within Constitution, Concurrent List, entry 5, "Criminal Law and Procedure" and Concurrent List, entry 11A, "Administration of Justice".
Reasons for recommending repeal.-The Criminal Law Amendment Ordinance, 1943 (with which the Act is linked) has been repealed1. Moreover, matters arising out of decisions of special tribunals constituted under that Ordinance must, by now, have been practically exhausted. The Act now can be repealed, subject to verification of what has been stated just now.2
1. Repealing and Amending Act, 1957 (36 of 1957).
2. Subject to verification.