S.7(1) read with Criminal Procedure Code, 1898, Section 497–Trial before Special Court, Suppression of Terrorist Activities–Pendency of–Bail—Grant of–Challenge to-Whether High Court’s power to grant bail was excluded by Act–Question of–Effect of second part of Section 7(1) of Act is that High Court has been denied power under Sections 439, 526, 426, 491 and 498 of Cr.P.C–Expression “no court” used in Section 7(1) of Act refers to courts other than High Court which is an appellate Court–Held: Since Section 497Cr.P.C. does not figure in subsection (1) of Section 7 of Act and Section 10(1)of Ordinance, High Court has power to press into service Section 497 of Cr.P.C.–Held further: Fact that Sections 426, 491 and 498 of Cr.P.C. have been expressly excluded and not Section 497, lends support to conclusion that what was intended to he excluded, has been expressly excluded. (Per Ajmal Mian, J)
Translate »Copy Protected by Chetan's WP-Copyprotect.