Section 6
Jurisdiction Of Special Court And Exercise
(1) The trial and decision of the special types of cases shall be made by the Special Court.
(2) The exercise of the jurisdiction of Special Court shall be made by all members present in the bench collectively.
Provided that, a member attending in the bench may conduct other hearing except for a hearing regarding the detention (pretrial) of an accused and two members attending bench may conduct a hearing
regarding the detention (pretrial) and decision of a case.
(3) The opinion shall be considered as the decision of the court in case there is unanimity of the all three members present in the bench or a majority of two members is maintained in the bench.
(4) In case of failing to maintain unanimity in a two judges attending bench, the matter regarding to hearing shall have to be done according to the opinion of the chairperson if a bench is including of the chairperson and according to the opinion of the senior most member if a bench is excluding of chairperson. In the case of the decision or final
order of a case, it shall be made out by presenting before a member absent previously and the opinion adhered by him/her shall be regarded as the final decision of the court.
(5) In case of failing to maintain a majority decision despite the matter presented before the member absent previously in accordance with Sub-section (4), the matter shall have to be referred to the Supreme Court.
(6) The Supreme Court shall hear the case submitted in accordance with Sub-section (5) by giving priority.
(7) The hearing of the case submitted in accordance with Sub- section (5) shall be done by a bench of single judge of the Supreme Court and the decision rendered into by such bench shall be considered as the decision of the Special Court.
(8) The job regarding to assignment of a case shall be done by the chairperson in case it is required to form more than one bench in the Special Court.
(9) In the absence of the chairperson, the power of the chairperson in accordance with Sub-section (8) shall be exercised by the senior most member amongst the members present.
(2) The exercise of the jurisdiction of Special Court shall be made by all members present in the bench collectively.
Provided that, a member attending in the bench may conduct other hearing except for a hearing regarding the detention (pretrial) of an accused and two members attending bench may conduct a hearing
regarding the detention (pretrial) and decision of a case.
(3) The opinion shall be considered as the decision of the court in case there is unanimity of the all three members present in the bench or a majority of two members is maintained in the bench.
(4) In case of failing to maintain unanimity in a two judges attending bench, the matter regarding to hearing shall have to be done according to the opinion of the chairperson if a bench is including of the chairperson and according to the opinion of the senior most member if a bench is excluding of chairperson. In the case of the decision or final
order of a case, it shall be made out by presenting before a member absent previously and the opinion adhered by him/her shall be regarded as the final decision of the court.
(5) In case of failing to maintain a majority decision despite the matter presented before the member absent previously in accordance with Sub-section (4), the matter shall have to be referred to the Supreme Court.
(6) The Supreme Court shall hear the case submitted in accordance with Sub-section (5) by giving priority.
(7) The hearing of the case submitted in accordance with Sub- section (5) shall be done by a bench of single judge of the Supreme Court and the decision rendered into by such bench shall be considered as the decision of the Special Court.
(8) The job regarding to assignment of a case shall be done by the chairperson in case it is required to form more than one bench in the Special Court.
(9) In the absence of the chairperson, the power of the chairperson in accordance with Sub-section (8) shall be exercised by the senior most member amongst the members present.