Section 5:
Establishment of Special Court.
(1) The Central Government shall, by notification in the
Official Gazette, establish a Court to be called the Special Court.
(2) The Special Court shall consist of 1
[one or more sitting Judges] of the High Court nominated by
the Chief Justice of the High Court within the local limits of whose jurisdiction the Special Court is
situated, with the concurrence of the Chief Justice of India.
2
[(3) When the office of 3
[a Judge of the Special Court is vacant by reason of absence or leave, the
duties of the office shall be performed by such Judge of the High Court within the local limits of whose
jurisdiction the Special Court is situated as the Chief Justice of that High Court may, with the concurrence
of the Chief Justice of India, nominate for the purpose and the Judge so appointed shall have all the
jurisdiction and powers of 3
[a Judge of the Special Court including the powers to pass final orders.]
Notes:
1 Subs. by Act 6 of 1997, s. 2 for "a sitting Judge"(w. e. f. 16-1-1997).
2 Ins. by Act 24 of 1994, s. 2(w. e. f. 25-1-1994).
3 Subs. by Act 6 of 1997, s. 2, for "the Judge of the Special Court" (w. e. f. 16-1-1997).