The Terrorist Affected Areas (Special Courts) Act, 1984

(1) This Act may be called the Terrorist Affected Areas(Special Courts) Act, 1984. (2) It extends to the whole of India except the State of Jammu and Kashmir*. (3) It shall be deemed to have come into force on the 14th day of July, 1984.

(1) In this Act, unless the context otherwise requires, (a) "Code" means the Code of Criminal Procedure, 1973 (2 of 1974); (b) "'High Court", in relation to a Special Court, means the High Court within the territorial limitsof whose jurisdiction such Special Court is proposed to be, or is, established; (c) "judicial zone" means a judicial zone constituted under sub-section (1) of section 3; (d) "notification" means a notification published in the Official Gazette; (e) "Public Prosecutor" means a Public Prosecutor or an Additional Public Prosecutor or a SpecialPublic Prosecutor appointed under section 9 and includes any person acting under the directions ofthe Public Prosecutor; (f) "scheduled offence" means an offence specified in the Schedule being an offence committedin a terrorist affected area; (g) "Special Court" means a Special Court or an Additional Special Court established undersection 4; (h) "terrorist" means a person who indulges in wanton killing of persons or in violence or in thedisruption of services or means of communications essential to the community or in damagingproperty with a view to (i) putting the public or any section of the public in fear; or (ii) affecting adversely the harmony between different religious, racial, language or regionalgroups or castes or communities; or (iii) coercing or overawing the Government established by law; or (iv) endangering the sovereignty and integrity of India; (i) "terrorist affected area" means an area declared as a terrorist affected area under section 3; (j) words and expressions used but not defined in this Act and defined in the Code shall have themeanings respectively assigned to them in the Code. (2) Any reference in this Act to the Code or any provision thereof shall, in relation to an area in whichthe Code or such provision is not in force, be construed as a reference to the corresponding law or therelevant provision of the corresponding law, if any, in force in that area.

(1) If the Central Government is of the opinion thatoffences of the nature specified in the Schedule are being committed in any area by terrorists on such ascale and in such a manner that it is expedient for the purpose of coping with the activities of suchterrorists to have recourse to the provisions of this Act, it may, by notification,-- (a) declare such area to be a terrorist affected area; and (b) constitute such area into a single judicial zone or into as many judicial zones as it may deemfit. (2) A notification issued under sub-section (1) in respect of an area shall specify the period duringwhich the area shall, for the purposes of this Act, be a terrorist affected area, and where the CentralGovernment is of the opinion that terrorists had been committing in that area, from a date earlier than thedate of issue of the notification, offences of the nature specified in the Schedule on such a scale and insuch a manner that it is expedient to commence the period specified in the notification from such earlierdate, the period specified in the notification may commence from that date: Provided that-- (a) no period commencing from a date earlier than six months from the date of publication of thenotification shall be specified therein; and (b) so much of the period specified in such notification as is subsequent to the date of publicationof the notification shall not, in the first instance, exceed six months, but the Central Government may,by notification, extend such period from time to time by any period not exceeding six months at anyone time, if the Central Government, having regard to the activities of terrorists in such area, is of theopinion that it is expedient so to do. Explanation.--For the avoidance of doubts, it is hereby declared that the period specified in anotification issued under this section may commence from a date earlier than the date of commencementof this Act.

(1) For the purpose of providing for speedy trial of scheduledoffences committed in a judicial zone, the Central Government may establish, by notification, a SpecialCourt in relation to such judicial zone (a) within such judicial zone; or (b) if the Central Government having regard to the exigencies of the situation in such judicialzone considers it expedient so to do, at any place outside such judicial zone but within the State inwhich such judicial zone is situated. (2) Notwithstanding anything contained in sub-section (1), if, having regard to the exigencies of thesituation prevailing in a State, the State Government is of the opinion that it is expedient to establish inrelation to a judicial zone, or in relation to two or more judicial zones, in the State, an Additional SpecialCourt outside the State, for the trial of such scheduled offences committed in the judicial zone or judicialzones, the trial whereof within the State (a) is not likely to be fair or impartial or completed with utmost dispatch; or (b) is not likely to be feasible without occasioning a breach of peace or grave risk to the safety ofthe accused, the witnesses, the Public Prosecutor and the Judge or any of them; or (c) is not otherwise in the interests of justice, the State Government may request the Central Government to establish in relation to such judicial zone orjudicial zones an Additional Special Court outside the State and thereupon the Central Government may,after taking into account the information furnished by the State Government and making such inquiry, ifany, as it may deem fit, establish, by notification, such Additional Special Court at such place outside theState as may be specified in the notification.

(1) A Special Court shall bepresided over by a judge to be appointed by the Central Government with the concurrence of the ChiefJustice of the High Court. (2) The Central Government may also appoint, with the concurrence of the Chief Justice of the HighCourt, Additional judges to exercise jurisdiction in a Special Court. (3) A person shall not be qualified for appointment as a Judge or an Additional judge of a SpecialCourt unless he is immediately before such appointment a Sessions Judge or an Additional SessionsJudge in any State. (4) For the removal of doubts, it is hereby provided that the attainment by a person, appointed as aJudge or an Additional Judge of a Special Court, of age of superannuation under the rules applicable tohim in the Service to which he belongs, shall not affect his continuance as such Judge or AdditionalJudge. (5) Where any Additional Judge or Additional Judges is, or are, appointed in a Special Court, theJudge of the Special Court may, from time to time, by general or special order, in writing, provide for thedistribution of business of the Special Court among himself and the Additional Judge or AdditionalJudges and also for the disposal of urgent business in the event of his absence or the absence of anyAdditional Judge.