to the terrorist affecii::jj ju{;:;as (special courts) bill, 1984  [1'0 bolas introduced in i;a}:~3::;bha 7 1 page 3, line 44,-for "he" read "theft pa g"'e'4-, line 1--:-!qr "( 5) - " page ~, line 3~,-~ "5" 2 3 for "sectior" read "section" 4 page~, line 36,-for "sub-sectior" read "sub-section" 5 page 9, in the marginal heading to clause 21,-for "seving" read "saving" , ' page 9, line 36,-"section" read -"sections" 7 page 12, line 7,-fq! "thereat ened" ~ "threat ened" 8 page 12, line 29,-for "a" read "the" new delhi· , july 31 , 1984 sravana 9, 1906 (saka)  biil no '" of 1914:' the terrorist affected areas (special courts) bill,1984 a bill10 pro:vide for the speedy trial of certain offences in terrorist afjected are49 and for motters connected therewith bb it enacted by parliament in the thirty-fifth year of the republic- o' india as follows:-1 (1) this act may be called the terrorist affected areas (special courts) act, 1984 short tfue, extent ad  commence-(2) it extends to the whole of india except the state of jammu and kashmir ment 5 (3) it shall be deemed to have come iltto force on the 14tq day of july, 1984 l (1) in this acl, unlls& the context otherwise requircii,-deftnitiods  (a) "code" means the code of criminal procedure, 1973; (b) "hiah court", in relation to a special court, means the hlib court within the territorial limits of whos~ jurisdiction such special court is proposed ie be, or is, established; s (c) "judicial zone" means a judicial zone constituted under sub-section (1) of section 3; , (dj "notilication" means a llulilk:aliun published in the official (i~te; 10 (e) "public prosel:utol''' means a public prosecutor or an additional - public proseculor or a special public prosecutor appointed under secllon 9  ud includes any person acting wider, th~ directions of the public prosecutor; u) "scheduled ofr~nce" means all llll';l1ce specified in the s:ijedule btlin& aa oftcnce committed in a tefluij:,( 'ahc~lcd area; (8) "special courl'" means a special court or an additional special court established under section 4; is ~h) "terrorist" means a person who indulges in wanton killmg of pers0ns or in violence or in the disrupllon of services or means of communicallod$ essential to the codljdunjty or jn damaging property with a view to--(i) pulting the public or any seclion of the public in fear; or (ii) afrccting adversely the harmony between different religious, racial, language or regional groups or castes or communities; or liij) coercing or overawing the govcrnmeilt established by law; oi (iv) endangering the sovereignty and integrity of india; (;) "terrorist afit',cted area" means an area declared as a t~rrorist atfccted aj'ea under section 3; (j) words and expressions used but not defined ill this /(ct and defined in the code shall have the mcanin~ respectively assigned to them in the code 3r) (2) any reference ill this act to the code or any provision thereof !>hall, iii relation to an area in which the culi: or such provlsion is not ill force, be construed as a reference to the corcespouding law or the relevant provision of the corresponding law, if any, in force in that area 1)ec1aratiod of twrorist ·:jlfectea area a (1) if the central government is of the opinion that offences of lhe nature bpecilicd in the schedule are being committed in any area by terrorists on such a 35 licale and· in such a manner that it is expedlent for the purpose of coping with the activities of such ter~orists to have recourse to the provisions ot this act, it may, by notitic8tion,~ (a) declare such area to be a terrorisl affected area; and (b) constitute such area into a single jtl(jicial ~ollc or into as many 40 - judicial zones as it may deem fit (2) a notification issued under su~section (j' in respect of an area shall specify the period during which the area shall, 'for the purposes of this act, be a terrorist affected area, und where the central government is of the opinion that terrorists had been committing in that area, from a date earlier than 5 the d it: of issue of the noti/le,,; ion, offences of the nature specified in the schedule o;l;uch a scale and in su;:h a manner that it is expedient to commence trc period specified in the notification from such earlier date, the period specifled in the notification may commence from that date: provided that-10 (a) no period commencing from a date earlier than six months from the date of publication of the notification shall he specified therein; and (b) so much of the period 'specified in such notification as is 8ubsequest to the date of publication of the notification shall oot, in the first instance, exceed six months, ,but the centra) government may by notification, extedd ij such period from time to tilll'! by any period not exceoohlg six months at ~y one time, if the central government, havin!:! re~ard to thl! activities of terrorists in such nrea, is of the opinion that it is expedient so 10 dc' ex/ilanation--for the avoidance of doubts, it is hereby declared that th period specified in a nqtification issued under this section may cqmmence frort 20 a date enrlierthan the date nf commencement of thie; act 4 (1) for the purpose of providing fot' speedy tr;j of scheduled oiellces committed in a judicial 7one the central go\'emment mily r!d1lbjislt h~ oftfi-cation r' special coui1 in relation to such judicial zone-kst  lishmeat ot special cctl  rt's (a) within such jndicial zooe; or (b) if the central govemment htnin~ ~ to the nieencies of the sltaatlon prevaih01! in -oneh indicia' zo;ne considers it elojiefjient so to do, at any place oufside suet ll'(udal lone but within the state i which mch judicial zone is sltuatt'd (2) notwidlstandinp anvthin'! co~talnect in sub-sedlon (1) if, h"yint ~rd -3°' to tile edgencies of the sftul1tion ~1'8ilin~ in a ~ the state goypl'  edt is of the opinion that it is expedient to establish in relaflon to r iudfcw zoiie or in relatio, to two or more tcuhciai zones in the state, 8n additional special court ontslde the state for ~ trial of ~nch· deduled offences coinmffted in! the j,diriaj zone or jnd'cl9' 7fl1tes, the trilll whereof within fl1f' stitte--  35 (a) is not dkely to h  fair or fmpartl' or cotnpletect wfth afjnost dispafch; or (b) is not likely to h(' feasible wif"o,,~ oc('asionfa~ :l hreach of peace  or crave' risk to the safetv of die ~cc1ised the witnf'sserl tbe p  blle 1ii'ftlie-('utor and the ju~e or 'in\' of them: or         (c) is ijc)t otherwist' ill the interests of i"  tke the state government mav rl;',ucst the centml· rovemment fo ('sfabush ;'" reja-don to spch judicial lone or iudici81 zone~ an addtfional spec'i'" court oofs' the state and thereopon the cential govemmellf may, alter ,,,lei", intf) 8(,i'onnt the infonuation '"mlshed bv he sfatte gowmment and making- snch in(,ufrv 111 " any 8!i it may deem fit t'fifablfsh, hv nofiftcaflon tnch addlffon!1l sueda' court at sitch p11k'e outside the state as ma~ h," specified in fhl" n"fir~~thm··   (5)(1) a 8pedii court  pre  ov 1t1 - j" to  , die otni got  wlot tile collcul'l'eaee at tile ciiid juitke 01   ct~ -won add ap-pointmentor judi of special eourtl (2) tile cna govenuneat  y also appoint, will the codeill'l-c8 or  qiei jiiidc:e or tile hip out, additional judges to exerdie jarisdidjcpj  s speew cold (3) a person shall not be quahfied for appointment as 3 judge or an additional joop of a special court unless he is immediately before such appointment a sessions judge or an additional scssiom judge in any state (4) for the removal of doubts, it is hereby provided that the attainment by 10 a person, appointed 8!1 a judge or an additional judge of a special court, of ale of suplerannuation under the rules applicable to him in the service to wbich be belongs, shall not affect his continuance as !lucb judge or additional judge (s) where any additional judge nr additional judges is or are appointed in a special court, the judge of the special court may from ti"me to time, by is general or special order in writing provide for the distribution of business of the special coun among himself and the additional judge or additional judps  and also for the dibposai fa urgent businells in the event ot his absence or the absence of any additional judge t '- a speciaj court may, if it considers it e~pecjient or desirable 80 to do, flo sit ft)r any of its proceedings at any place, other than the ordinary place of its ,sitting, in the state in which it is establishecl: provided that if the public prosecutor certifies to the special court that it is in his opinion necessary for the protection of the accused or any witness or otherwise expedient in the interests of justice that the whole or any part of tbe 2s trial should be held at some place other than the ordinary place elf its sitting the s"ecial (bun may, after hearinl! the accused make an order to that efreef unless, for reasons to be recorded in writfn!! the special court thinks fit it) make any other order 7 (1) notwithstanding anything contained in the code or in any other law, 30 a scheduled oftence committed in a judicial ~one in a state at any time durin, the period during which such judicial zone is or is part of, a terrori"t affected area sha11 be triable, whether durid~ or after the expiry of such period, only by die special court established for such judicial zone in the state:   ·provided that where the period specified under sub-section (2) of sectio, 35 3 as the "eriod during which an area declared by notification under sub-sectiof (1) of that section to be a terrorist affected area commences from a date earlier than the date on which such notification is issued then-(a) nothing in the for-eeroin/! j)rovisions of this flub-section rhan ap"ly to a scheduled offence committed in such area in which the whole of the 40 evidence for the prosecution has been taken before the date of issue of sucb nothication: and (b) au other cases invotvin~ scheduled offences committed in '~uch area and pendin~before any court immedi~telv before the date of i!l~ue of such notification sha11 stand transferred tn the st'lecial court lmv:l'ig 4s jorlschcttoa under this section and the special coun to wbich such prnceed"111js stidd transfen-ed shall proceed witl1 sudi ('rtllce; fmm the ~ta~e ::it wbicb tbey were pendin!! at that time (2) notwitb&tpdidg anything contained in sub-section (1), if ib respect d a case involving a scheduled offence committed in any judicial zone in a state, the central government, having regard to the provisi'ms of sub-section (2) of section 4 and the facts and circumstances or the case and an other relevadt 5 factors, is of the opinion that it is expediedt that such offence shquld be tried by the additional special court established in relation to such judicial zone outride the state, the central c:rovernment may make a dectlration to that eifect: provided that no such declaration shah be made unless the state government has forwarded to the central government a report in writing containbal 10 a request for making of such d~laration explanatioll-where an additionaj special court is establiuled in relation to two or more judicial zones such additional special court sball be deemed, for the po:rpoaes of this sulhection to have been ~!ltab1ished in retation to ench of such tudicial zones 15' (3) a declaration made under sub-section (2) shall not he called in question in any court   ,(4) where any declaration ill made in respe~t of any offence committed in - judicial zone in a state any 'prose~ution in res~ct of such offence 'sbau be ;r"t1tutecl gilly fa the additional special' court established in retation to ~ ~o ;udiclal zone outside tbe ~ate, and if any prosecution i" respect of such ,offence i~ pending immediately before such declaration in any other court, the same '1han stand ~ to sucb additional special court and such additimal ~pecia1 court sban yft'oeeed witb sueh ca~e from the stage at whictl it wall! pending 'at tlla time 2 ~ r (1) when trying ~my ~('hedljled offence ~ special court may also try  'lnv offence otber than the ~cheduled offence- with which the accused may nnder jhe code, be cbarged at the !lame tri:l1 if the offence h coinected with the ~cheduled offence | power    | of    ||----------|-------|| special  |       || ceurts   |       || with     |       || res-     |       || peet     |       || to       |       || other    | of  || fenee • |       |30'  '(2') if, in' the coune 0' any trial under this act it is ifound dlat the iccusedperson has committed ::in" offt"nc!" the special ("<'urt m~v whether rucb ofrence is or io; not a scheduled offence convio:"t such j)et!lon of ~uch offence and pii~1l any !llentence authorised bv law for the tmnic;hment thereof 9 (1) ji'gr ewi"f swtecw court, tfte cenfral (", shad ppott - public pl'ttohcu-tors, periioit to be tile  biie pigset1itor 8iiti imv  nt  or di01"e permb to 35 1ft the adtiitiomii pumic pro~~utor or a"dldonal pubik pro!jecut",,: pn  the cedtni goftnmeaf ma, 8150 &ppnfnt for  ~ ~ or cl-s of cases a s,edt pubic pmlerufor (2) a ners01'l ii:ha11 be e1i~ible to be :mnointed as' a punic prosecutor or an adrhtional public proseclltor nr a· sf'ecirl'publicprosecutor under this section 40 onlv if he ba"l been in practke as an advocate for not less thad !!even years or hac: held anv ooilt for it neriod of not les~ than srven years under the union or a !i;tate requirinl! specinl knowled~e of law (1) everv person "npointed ~r a public pror-::ecutor or an additional publi(' pr~ecl1tor- or a ~cial public prl1c;ecutor under thi"l c;ectjon shan he d~ed to 4' h~ a publie pro~ecutnr within the "''''!lininl! i'lf elau!!e (u) of clt'!et1on 2"' the co'd~, nnd the prnvic:inn<: of th~ ("odl" <;h~l1 ho"e 't-ff-ct j1ccimfh'~ty, ' 10 (1) a special court may take cognizance of any scheduled offeuce, without the accused being commju'cd to it for trial, upon receiving a complaint of facts which comtilule such offence or upon a police report of such facts precedure and ~of ~ial courts (2) where a scheduled offence is punishable with imprisonment for a term not e~ceeding three years or with fine or with both, a s~ecjal court ~y, not- , withstancling anything contained i 11 sub-section (1) of sr,ctton 260 or section 262 of the code, try the offence in a summary way in accordance with the procedure prescribed in the code and the provisions of sections 263 to 265 of the code, shall, so far as may be, npply to snch trial: provided that when, in the course of a summary trial under this sub-section, 10 it appears to the special court that the nature of the ca~ is such that it is undesirable to try it in a summary way, the special court shall recall any witnesses who may have been examined and proceed tore-hear the case in the idjlrdcr provided by the provi~ions of the code fer the trial of such offence and tbe said provisions shall apply to and in relation to a special court as they apply to and 15 in relation to a magi~trate: provided further that in th~ case of any conviction in a summary trial under this section, it ~hall be jawful for a special court to pass a sentence of imprisoa: ment for a term not exceeding two years (3) a special court may, with a view to obtaining the evidence of aay person 2 supposed to have been directly or indirectly concerned in or privy to an ot!ence tender a pardon to such pe)'!;on on condition of his making a fun and true cfisclosure of the whole circumstances within his knowledge relative to the oience and to every other person concerned whether as principal or abettor in the commission thereof and any pardon so tendered shall, for the purposc!': of section 25 30r of the code he deemed to have been tendered under section ~07 thereot (4) subject to the other ~ro\li5ions of this act,  a special court shall for the purpose of trial of any offence nave all the !'lowers of a cnurt nr sessfoj1 and shall try such offence as if it were a court of ~ion 50 far a'l may he in accordance with the procedure prescribed in the code for the trial before a coul't 30 of srssion (5) subiect to the other provisions of this act evet'v case hefora an additional special court shall be dealt with as if such ca<>e had been tran",ed under section 406 of the code to such additional soecial court 11, whenever it is made to 3j)1'ear to the ~li!'1reme court that rift order under 3!\ thi~ section is expedient for the ends of justicc it may direct that anv particubr ca!'\t' he transferred from one special ("ourt to nnother special court powrof supreme court to traasfer case 12  (]) notwtth'!;tandin!:' anythinl! contllined, in th~ cocle llly "rocet'cttn~ bofore a special court shall be conducted;n ('flml'ra: protection of wltaeslei provided that where the public prosecutor so applie~ ~mv oroceedin~s or ~o pnrt thereof may be hem in open court (2) a special court mav nn an aoplication made bv a witness in any proceedinj!'s -before it or by the publio prmecntor in rellrtinn to s" ~h ",,jt",~s or on jt~ owd motion tab such measures lis it de~ms fit for keel'i"~ th, identitv and ;l(l~res~ of the witn~1i !llcr'et, (3) in partioular and without prejuaoe to th ipnerahty 0( the provi6igns of sllhection (2), the mouuros wbm:b a special coun may tab ynder iliat sub-section dliiy include-(a') the holding of the proceeding5 a~ a protected place; 5 (b) the avoidina of the mention of the names and addrcises of tile witnesses in its orders or judaments or in any records of the case 1lq:les sihle to public; (c) the issuing of any directions for securing that the identity and addresses of the witnesses are not disclosed 10 ( 4) any person who contravenes any direction issued under sub-section (2) shall be punishable wilimprisoodient for a term which may extend to oae year and with fine which y extend to one thousand rupees 13 where after takina co,nizance of any offence, a special court is of power to opibion that the offence js not a scheduled offence, it shall, notwithstandtas that transfer j 5 it has no jurisdiction to try such offence, tran&fer the case for trial of &uch offcoce cases t to any court having jurisdiction under the code and the court to which the case" r~lar is translerred may proceed with the trial of the offence ·as if it has taken coanicourts 'tance of the offence 14 (1) notwithstanding anything contained in the code, an appeal shal lie appeal 20 as a matter of right from any judgment, sentence or order, not being interlocutory order, of a special court to the supreme court both on facts and on law (2) except as aforesaid, no appeal or revision shall lie to any court frem any judgment, sentence or order of a special court (3) every appeal under this section shall be preferred within a period 01 25 thirty days from the date of the ;udsment, sentence or order appealed from: provided that the supreme court may entertain an appeal after the expiry uf the said period of thirty days if it is satisfied tbat the appellant had sufficient cause for nol preferring the appeal within the period of thirty days 15 (1) notwithstanding anything contained in the code or any other law, 30 every scheduled offence shall be deemed to be a cognizable offence within the meaning of clause (c) of section 2 of the code and "cognizable case" as defined in that clause shall be construed accordingly modified applia8-tion of certain pl'dvi- (2) section 167 of the code shall apply in relation to a case involving a siodsof scheduled offence subject to the modifications thatthe code 35 (a) the reference in sub-section (j) thereof to "judicial magistrate" shall be construed asa reference to ;'judicial magistrate or executive magistrate"; (b) the references in sub-section (2) thereof to "fifteen days", "ninety days" and "sixty days", wherever they occur, shall be construed as references lo "thirty days", "one year" and "one year", respectively; and (c) sub-section (2a) thereof shall be deemed to have been omitted (3) sections 366 to 371 and section 392 of the code shall apply in relation to a case involving a scheduled offence subject to the modifications that the references to "court of session" and "hi&h court", wherever occurring therein, 45 sball be colisllued as references to "sp~ial court" and "supreme court", respcctlve1y  (4) n0tlbida ill section 438 of di, code· ,hall app1y in roijwoa ~ lay quo mvolvlltj tile arrest of my pcrsoa oil an accuaauqn 0( haviat committed i ac-duled ojfcace ill a terrorist atiectcd area (5) notwitbst4wjjna mything contained in the code, no person accuaod of a scheduled offence shall, if in custody, be released on bailor on his own bond s unless-(0) ule public prosecutor has been given an opportunity to oppose the application fer such release, and  (b) wbere the public prosecutor opposes the application, the court is satisfied that there arc reasonable grounds for believidi that he is not 10 auilty of sllch offence arid that he is not likely to commit any otience while on bail (6) the limitations on granting of bail specified uaub-section (5) aro in addition to the limitations under the code or any other law for the time beinl in force on grantina of bail overrld-in,etfect of aot 16 (1) the provisions of this acl shall have effect notwithstandiog anythina contained in the code or any other law, but save as expressly provided inthil aot, the provisions of the code snall, in so far as they are not inconsistent with the provisions of this act, apply to the proceedingt beforo a special court; and for the purpose of the said provisions of the code, the special court shall be deemed to be a court of session  110 (2) in particular and without prejudice to the generality of the provisions contained in sub·section (1), the provisions of sections 326 and 475 of the code shall, as far as may be, apply to the proceedinjl! before a special court, and for this purpose any reference in those provisions to a magistrate ,hall be construed 25 as a reference to the special coun dele,ation 17 the ~al government may, by notification, deleg~te, subject to sudl conditions as may be specified, all or any of the powers exercisable by it ullder this act [except the power under sub-section (2) of section 4 and the  power under sub-section (2) of section 7] to the state govemm~t 30 11 tho supreme court may, by notification, make such fules, if any as it may deem necessary for carrying out the ,purposes 01' this act powerto make rules savint 19 (1) nothing in this act shall affect the jurisdiction cxetcisable by, or the procedure applicable to, any court or other authority under my law  rolatida to the naval, military or air forces or any other armed forc~ of the 35 union (2) for the romoval of doubts, it is hereby declared that for the purposes of any such law as is referred to in sub-section (1), a special court shall be deemed to be a court of ordinary criminal justice 20 in the indian evidence act, 1872, after section 111, the followma 40 section sball be inserted, namely:-amendmedtot act 1 of 1872 "llla (1) where a person is accused of havmg committed any offence specified in sub-sectioo (2), in-presumption as to certaia otffmces (a) uy area declared to be a disturbed area uadel' illy enact-ibent, for the time being in force, making provision for the iuppra-ion of disorder and restoration and maintellance of public ordet; or 45 (b) say area ij:l which there has been, over a period or more tbm 5 ode month, extensive disturbance of the public peace,  andt it is ibown that such person had been at a place in such area at a tude wilen irearms or explosives were used at ot from that place to attack or reaiit the members of anyilrmed forces or the forces charied with the maintenance of public order actiag in the discharge of their duties, it sllalt be presumed, unless the contniry is shown, that such person had committed suell gtj-ca,  '  (2) the offences referred to in sub-section (1) are the following,' namejy:-10 45 of 1860 43011860 (a) an offence under section 121, section i21a, section 122 or section 123 of the indian penal code; , , (b) cd'minal compiracy or attempt to commit, or abotmnt of, an offence under section 122 or section 123 of the indian penal code  'of 1'14 15 21 (1) the terrorists affected areas (special courts) ordinanc~ 1~84, repeal and is hereby repealed so?iq (2) notmthstanding such reptjill, anything dode or any' aetiootaken :ulider the said ordinance shall be deemed to have been done or taken under the cor- respeodbti provisions' of this act' " ,   tile schedule [see section 2 (f)] i  parit i-indian penal code45011860' 1 ofimces under the ronwing provisions of the indian 'penal code, 1-860:-(a) sections 121, 121a, 122, 123, 124 and 124a; 25 " (b) ~qods 128, 129aad 130; (c) scetions 131, 132, 133, 134, 135, u6, us and 140; sections is3a and 153b; sections 189 and 190; sections 212, 216, 216a, 224, 225 and 225b; sections 295 and 295a~ ··sections 302, 304 add 307~ ,(4) ge9tions 308 and 326; (e) sections 332, 333, 342, 343, 344, 346, 347, 353; 863; 364  365 bad 367; sections 392, 393, 394, 395, 3~6, 397, 398, 399 and 436; 35 ' r' r-, section 505, s06 and 507; r· ' ' part n~nte explosives act, 1884 2 offences uader the following provjsions of the explosives act, 1884:- of 1114  < • aectiod 9b  pitlt m-the indian telegraph act, 1'8853 qftences under the tohowing provisions of the indian telegraph act, 18,8s:--' --'l3 of 1885 ,  sections 20 and 25 4 offences under the following provisions of the indian railways act, lr90:-9 of 1880 sectiobs 126, 126a, 127 and 128  part v-the ex'plosrve substances act, 1908 55 offences under the foljowing provisions of the explosive substadces act, 1908:-soua08 sections 3, 4, 5 and 6 part vi-the arms aj:r, 1959  6 offences under the following provisions of the arms act, 1959:-10 54 01 1969 sections 25(1) excluding clause (b), 25(1a), 25(lb) excluding cla's (d), (e) (0, 26,' 27, 28 and 29  paltt vii-tift unlawful activiri!! (pit1!v!ntlon) act, 19617 offences under the following provisions of the ulilawfui activities (prevention) act, 1967:-15 37011987 sections 10, 11, 1~ and 13  part viii-the ann-hitaciong act, 19818 ~ences under the following provisions of the adti-hijacma act, 1982:-65 el 1982 5cctions 4 and s  part ix-the suppae9iion 01' unlawpul acts aoalnst sapsty 01' avn 20 aviation am, 198268011982 ~ otiences under the following provisionaot the suppression of unlawful acts against safety of ovil avi~tion act, 1982:-sections 3 and 4  part x-the prevention op dama(;£ to public property ac:r, 1984s of 198 •• 10 offences under the f('uowing provisions ot the prevention of damap to public property act, 1984:-sections 3 and 4, note i-an offence specified in item l(b) of part i of this schedule (that 50tl860 is to aay, an oj!edce under section 128, 129 or 130 of the indian penal code) 50 _ shall be deemed to be a scheduled offence only where such offedce is com1dltted in relation to a pri80jler accused, charged or convicted of a scheduled offence note 2-ao offcnde specified in item 1 (d) of part i of this schedule (tha1! is to say, an ofldnce udder section 308 or section 326 of the indian penal code) shall be deemed to bea scheduled offence ooly where such offence is committed 35 with a inmd 415 of 1860 - - note 3-'i'hc otlence of criminal conspiracy or attempt to commit, or abet- meld cif, an offen<:e specifled in this schedule thalt be deemod to be a ichtdoleci oftedoe, noti 4-the codldlislion of an offc'41ce specified in this schedule by any membor of ad udlawful assembly shall be deemed to be the commiuioo of that schedujec:l offence by every other member of the unlawful as!lembly the law and order situation in certain parts of' the country has been disturbed because of the cominal activities of terrorists they have been indulging in wanton killing of innocent persons, looting of properties, disrupting lines of communication and committing oth~r heinous crimes; on a scate and in a manner which have made the' life of the people in the affected area extremely difficult and 'have thereatened the security, and the territorial integrity of the country in this situation proper and fair conduct of criminal trials had become very difficult  the need was, therefore felt in the public interest, to estatjlish special courts for fair and speedy trial of offences concern was also expressed in the parliament in this regard since the parliament was not in session and circumstances existed which rendered it necessary for him to take immediate action, the president on the 14th day of july 1984 promulgated the terrorist affected areas (special courts) ordindnce, 1984 (9 of 1984) 2 the qrdinance in/c'r aua, seeks 10:-(i) define "terrorist" as a person who, with a view to putting the public or any section' thereof in fear or adversely affecting the harmony between different religious, racial, language or regional groups oil castes or communitieis or' coercing or overawing the government or' endan~ring the sovereignty and integrity of india, indulges in wanton killing of persons or in violence or in disroption of services or means of communications essential to the community or in damaging property; (ii) empower the central government to declare an area to bea terrorist aff~ted area and to constitute such area into a single judicial zone or into as many judicia) zones as it may deem fit: (i;i)' empower the central government to establish special courts in re1ation to a judicial zones inside or outside the state; (iv) empower the central government to appoint judges of special courts and additional special courts with the concurrence of t~e chief justice of the high court; , (v) prohibit grant of anticipatory batt in cases involving specified offences committed in terrorist affected areas and to make the grant of bail in respect of specified offences stringent; (vi) enhance the maximum limit of period of remand in police custody from 15 days· to 30 days'; (vii) provide for appeal against any judgment, sentence ()i' order of a special court to the supreme court - ' the ordinadcealso amended the indian evidence_act, 1872 for including therein a new section 111 a to provide for raisinp; of a presumptidil a'l to the offellce of waging war against the state and related offences the presumption under the section can 'be raised only in the c,8se of a person accused of having commit,ted any such offence in a disturbed area further, it must also be shown that such person held been at a place in such area at a time when firearms or explosives were used at or from that place to ~ack or resist the member of any armed forces or the forces charged with the maintenance of public order acting· in the discharge of their duties ' 4 the bill seeks to replace the aforesaid ordinance  - nsw delhi; p v narasimha rao the 25th juzy, 1984  -  financial memorandumclause 4 of the bill provides for the establishment of special courts by the central government, in relation to the judicial zones constituted under 8ub-clause (1) of clause 3 of the bill clause 5 of the bill provides for the appointments of the judges and additional judges of the special courts clause 9 of the bill provides for the appointments of the public' prosecutors, additional public prosecutoi'!l and special public prosecutors by the central government - the expenditures towards setting up of the special courts and towards salaries and allowances of the judges, the public prosecutors and staft' will be defrayed out of the consolidated fund ot india the l1kely expenditure for each special court and on the salaries and allowances of tlie judges, public prosecutors! additional public prosecutors, staff, etc, over a period of six months is expected to be about rupees 357 lakhs out of which rupees 172 lakho; will be of a recurrfng nature and rupees 185 lakhs of a non-recurring nature a3 it is not possible at this stage to visualise the number of such courts that may have to be established, it is not poasible to give an estimate ot the actual expenditure that may have to be incurred in this behalf  memorandum regard;ing delegated legislationaause 17 of the bill empowers the central government to delegate to the state government, by notification, all or any of the powers exercisable by it except the powers under sulh:lause (2) of clause 4 and the power under sub-clause (2) of clause 7 of the bill clause 18 of the btll empowers the supreme court to frame rules, as it deems necessary, for carrying out the purposes of the act the delegation of legislative power is of a normal character  ,  a billto provide for the speedy trial of certain offences in terrorist aftected areas and for matters coddected therewith ---(shrl p v nararimha rtid mini1m' of ho~ allairs) 