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‘File 28/34-II War emergency legislation’ [‎20r] (39/428)

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The record is made up of 1 file (212 folios). It was created in 5 Sep 1939-9 Jun 1948. It was written in English and Arabic. The original is part of the British Library: India Office The department of the British Government to which the Government of India reported between 1858 and 1947. The successor to the Court of Directors. Records and Private Papers Documents collected in a private capacity. .

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2 -^
ORDINANCE No. II or 1942
ait
ORDINANCE
to provide for the setting up of special criminal Courts.
Whereas an emergency has arisen which makes
it necessary to provide for the setting up of special
criminal Courts ;
Now, therefore, in exercise of the powers con
ferred by section 72 of the Government of India Act
as set out in the Ninth Schedule to the Government
26 Geo* 6, of India Act, 1935, the Governor General is pleased to
c ' 2 * make and promulgate the following Ordinance :—
1. (7) This Ordinance may be called the Special short title.
Criminal Courts Ordinance, 1942. operation.* 1
(2) It extends to the whole of British India.
(3) It shall come into force in any Province only
if the Provincial Government, being satisfied of the
existence of an emergency arising from a hostile attack
on India or on a country neighbouring on India or from
the imminence of such an attack, by notification in the
official Gazette, declares it to be in force in the Pro
vince, and shall cease to be in force when such notifi
cation is rescinded :
Provided that any trial or proceeding which was
pending at the time of such rescission may be con
tinued and completed as if the provisions of this
Ordinance were still in force.
2. In this Ordinance, unless there is anything re- Definition,
pugnant in the subject or context, “ Provincial Govern
ment ” means, in relation to a Chief Commissioner’s
Province, the Chief Commissioner.
3. Courts of criminal jurisdiction may be consti- Special
tuted under this Ordinance of the following classes, Court3 ’
namely :—
(i) Special Judges;
(ii) Special Magistrates ;
(in) Summary Courts.
4. The Provincial Government may appoint to be a Special
Special Judge for such area as it may think fit any Judge, ‘
person who has acted for a period of not less than
two years in the exercise of the powers of a Sessions
Judge or an Assistant Sessions Judge under the Code
v of isos. of Criminal Procedure, 1898 (hereinafter in this Ordin
ance referred to as the Code).
5. A Special Judge shall try such offences or classes Jurisdiction
of offences, or such cases or classes of eases as the j U dges. ial
Provincial Government, or a servant of the Crown
empowered by the Provincial Government in this
behalf, may, by general or special order in writing, direct.
6. (1) A Special Judge may take cognizance °f ^eciaiTud^ei
offences without the accused being committed to his ptCK ' ' g
Court for trial, and, in trying accused persons, shall
follow the procedure prescribed by the Code for the
trial of warrant cases by Magistrates :
Provided that a Special Judge shall ordinarily
record a memorandum only of the substance of the
evidence of each witness examined, may refuse to
summon any witness if satisfied after examination of
the accused that the evidence of such witness will not be
material, and shall not be bound to adjourn any trial
for any purpose unless such adjournment is, in his
opinion, necessary in the interests of justice.
(2) In matters not coming within the scope of sub
section (I), the provisions of the Code, so far as they are
not inconsistent with this Ordinance, shall apply to the

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Content

The file contains correspondence relating to, and copies of the various orders, regulations and notices, issued under the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. States (Emergency) Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. , 1939. The file’s principal correspondents are the Political Resident A senior ranking political representative (equivalent to a Consul General) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Residency. in the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. (Lieutenant-Colonel Charles Geoffrey Prior); the Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. at Bahrain (Edward Birkbeck Wakefield; Major Tom Hickinbotham; Cornelius James Pelly; Lieutenant-Colonel Arnold Crawshaw Galloway).

The file includes:

Extent and format
1 file (212 folios)
Arrangement

The file’s contents are arranged in approximate chronological order, from the earliest item at the front to the latest at the end. The file notes at the end of the file (ff 194-212) mirror the chronological arrangement.

Physical characteristics

Foliation: the main foliation sequence (used for referencing) commences at the front cover with 1 and terminates at the back cover with 2; these numbers are written in pencil, are circled, and are located in the top right corner of the recto The front of a sheet of paper or leaf, often abbreviated to 'r'. side of each folio. Two additional mixed foliation/pagination sequences are also present in parallel between ff 2-185 and in the file notes between ff 194-212; these numbers are also written in pencil, but are not circled. Foliation anomaly: f 50 a, f 50.

Written in
English and Arabic in Latin and Arabic script
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‘File 28/34-II War emergency legislation’ [‎20r] (39/428), British Library: India Office Records and Private Papers, IOR/R/15/2/727, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100025796324.0x000028> [accessed 8 February 2025]

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