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1989 Supreme(P&H) 274

M.M.PUNCHHI
Courts on its Own Motion – Appellant
Versus
State of Punjab – Respondent


Advocates Appeared:
For the Petitioner: Nemo.
For the Respondent: Mr. S.S. Saran, AAG Punjab.

ORDER

M.M. Punchhi, J. - This matter has been placed before me in the following circumstances :

Shri Hardial Singh, Additional Judge, Designated Court, Amritsar, on 5-12-1988 passed an interim order in case State v. Karaj Singh and others. FIR No. 247 dated 5-11-1987, Police Station Jhabal, under sections 337 of the Indian Penal Code, 25 of the Arms Act and 3/4 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (hereinafter referred to as the Act). The learned Additional Judge took the tentative view that he had no jurisdiction to try the case and the jurisdiction vested in the Court of Shri Nirmal Singh, Additional Judge, Designated Court, Amritsar, on the basis of a notification issued by the Central Government on 19th of Oct, 1988, which reads as under :

"No. 34/14/87-CH (II) 38092. In exercise of the powers conferred by sub-section (5) of Section 9 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (Central Act No. 28 of 1987) the President of India with the concurrence of the Chief Justice of High Court of Punjab and Haryana is pleased to appoint Sh. Nirmal Singh, Additional District and Sessions Judge, Amritsar to be the Additional Judge to exerci










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