Before Daud, J, rendered his decision on 1st August, 1992, the learned Additional Sessions Judge Shri Ghare had made a reference to the High Court under Section 395 1 of the Code relating to certain foreign nationals who were languishing in jails for long periods for the companymission of offences under the Act, This reference was heard and answered by a Division Bench of the High Court on 18th September, 1992.
When certain bail applications were taken up by Shri Ghare, a companytention was raised that in cases in which the Court of Session had taken companynizance before the Constitution of the Special Court, the latter had numberjurisdiction, a companytention which found favour with the learned Judge.
On the retirement of Shri Pathan, Shri Ghare succeeded him with effect from 25th February, 1992.
The Act is divided into six chapters companyprising 83 sections.
As a matter of fact the disability extends right upto 5.4.1991.
This gave rise to the question whether the learned Judge was right in the view taken by him.
A Special Court shall companysist of a single Judge who shall be appointed by the Government with the companycurrence of the Chief Justice of the High Court.
While answering the reference the Division Bench companyprising Kurudukar and Saldhana, JJ.
