The Prevention of Terrorism Act, 2002
25. 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 m y be, by the Special Court
constituted for trying such offence under section 23.
2. If,
having regard to the exigencies of the situation prevailing in a State,-
a. it is not possible to
have a fair, impartial or speedy trial; or
b. 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 a judge of the
Special Court or any of them; or
c. 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 and the High Court may transfer any case pending before a Special
Court situated in that State to any other Special court within the State.
1.
2.
3. The
Supreme Court or the High Court, as the case may be, 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 he Attorney-General of India, be supported by an affidavit or
affirmation.