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Report No. 173

20. Jurisdiction of Special Courts.-

(1) Notwithstanding anything contained in the Code, every offence punishable under any provision of this Act shall be triable only by the Special Court within whose local jurisdiction it was committed or, as the case may be, by the Special Court constituted for trying such offence under section 7.

(2) If, having regard to the exigencies of the situation prevailing in a State,-

(i) it is not possible to have a fair, impartial or speedy trial; or

(ii) it is not feasible to have the trial without occasioning the breach of peace or grave risk to the safety of the accused, the witnesses, the Public Prosecutor and the judge of the Special Court or any of them; or

(iii) it is not otherwise in the interests of justice, the Supreme Court may transfer any case pending before a Special Court to any other Special Court within that State or in any other State.

(3) The Supreme Court may act under this section either on the application of the Central Government or a party interested and any such application shall be made by motion, which shall, except when the applicant is the Attorney-General of India, be supported by affidavit or affirmation.

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