OFFENCESCentral
Section 5 of The Suppression of Unlawful Acts Against Safety of Maritime Navigation and Fixed Platforms on Continental Shelf Act, 2002
- (1)For the purpose of providing for speedy trial, the State Government shall, with the concurrence of the Chief Justice of the High Court, by notification in the Official Gazette, specify a Court of Session to be a Designated Court for such area or areas as may be specified in the notification.
- (2)Notwithstanding anything contained in the Code, a Designated Court shall, as far as practicable, hold the trial on a day-to-day basis.
Summary
- To make sure trials happen quickly, the State Government will set up special courts called Designated Courts.
- To set up a Designated Court, the State Government must get the agreement (concurrence) of the Chief Justice of the High Court.
- These courts are specified by selecting an existing Court of Session through an official notice in the Official Gazette.
- A Designated Court must, as far as practicable, hold its trial hearings on a day-to-day basis.
Practical examples
1On August 12, 2024, the State Government of Maharashtra, after consulting and getting the agreement of the Chief Justice of the Bombay High Court, designates the Court of Session in Mumbai as a Designated Court. This court will now handle all maritime safety trials in that region.
2During a trial against a piracy suspect named Joseph on January 15, 2025, the Designated Court judge schedules hearings every single weekday without long breaks. This is done to fulfill Section 5's requirement of conducting the trial on a day-to-day basis.
FAQ
1. Why are Designated Courts established under this Act?
They are established to provide for speedy trials of offences under the Act.
2. Who decides which court becomes a Designated Court?
The State Government specifies the court, but it must do so with the concurrence (agreement) of the Chief Justice of the High Court.
3. What type of existing court is specified to be a Designated Court?
A Court of Session is specified to be a Designated Court.
4. How often should a Designated Court hold its trial hearings?
As far as practicable, it must hold trials on a day-to-day basis.
Test yourself
Q1.What is the primary purpose of setting up Designated Courts under Section 5?
Q2.Whose agreement must the State Government obtain before specifying a Designated Court?
Q3.What level of court is specified to act as a Designated Court?
Q4.How should a Designated Court conduct trials, according to Section 5(2)?
Q5.How is a Designated Court officially specified to the public?