Section 5 of The Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992
- (1)The Central Government shall, by notification in the Official Gazette, establish a Court to be called the Special Court.
- (2)The Special Court shall consist of 1 [one or more sitting Judges] of the High Court nominated by the Chief Justice of the High Court within the local limits of whose jurisdiction the Special Court is situated, with the concurrence of the Chief Justice of India. 2 [(3) When the office of 3 [a Judge of the Special Court is vacant by reason of absence or leave, the duties of the office shall be performed by such Judge of the High Court within the local limits of whose jurisdiction the Special Court is situated as the Chief Justice of that High Court may, with the concurrence of the Chief Justice of India, nominate for the purpose and the Judge so appointed shall have all the jurisdiction and powers of 3 [a Judge of the Special Court including the powers to pass final orders.]
Summary
- The Central Government is required to establish a specific court called the Special Court.
- This court is created through an announcement in the Official Gazette.
- The Special Court is made up of one or more judges who are currently serving in a High Court.
- These judges are nominated by the Chief Justice of the High Court where the Special Court is located.
- The Chief Justice of India must agree with the nomination of these judges.
- If a judge is absent or on leave, another High Court judge can be nominated to handle their duties and final orders.
Practical examples
FAQ
1. Who sets up the Special Court?
The Central Government establishes the Special Court by publishing a notification in the Official Gazette.
2. Who has the final say on which judges are picked?
The Chief Justice of the relevant High Court nominates the judges, but they must have the concurrence, or agreement, of the Chief Justice of India.
Test yourself
Q1.Under Section 5 of The Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992, who nominates the judges for the Special Court?
Q2.Under Section 5 of The Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992, whose agreement is mandatory for the nomination of a judge?
Q3.Under Section 5 of The Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992, what type of judge must sit on the Special Court?
Q4.Under Section 5 of The Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992, what happens if a Special Court judge goes on leave?
Q5.Under Section 5 of The Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992, how is the establishment of the Special Court officially announced?