Jammu and Kashmir act 005 of 2005 : The EGRESS AND INTERNAL MOVEMENT (CONTROL) ORDINANCE, 2005 (1948 A.D.)

(1) This Ordinance may be called the Egress and Internal Movement (Control) Ordinance, 2005.

The ²[Government of Union territory of Jammu and Kashmir] may, by notifying in the ³[Official Gazette], order that any person for the time being in the ¹[Union territory of Jammu and Kashmir] or any class of such persons shall not proceed to a destination outside the ¹[Union territory of Jammu and Kashmir] or move within the ¹[Union territory of Jammu and Kashmir] from one place to another, except under the authority of a written permit granted in such form and manner and by such authority or person as may be specified in the order

⁴[3. Penalty for contravention of order under section 2.–– Whoever contravenes the provisions of any order made under section 2, shall be punishable with imprisonment for a term which in the absence of special reasons to be recorded in writing by the Court, shall not be less than one year but may extend to two years and shall also be liable to fine.

Whoever contravenes the provision of any order made under section 2 and is found to be in possession of arms, explosives or any equipment capable of being used for espionage or sabotage, he shall be punishable with imprisonment for a term which, in the absence of special reasons to be recorded in writing by the Court, shall not be less than five years but may extend to seven years and shall also be liable to fine.

Whoever, knowing any person to be an offender under this Ordinance,––

Notwithstanding anything contained in the ¹[Code of Criminal Procedure, 1973 (2 of 1974)], any offence punishable under sections 3,3-A or 3-B shall be non-bailable].

The pilot of any air-craft by means of which any person leaves the ²[Union territory of Jammu and Kashmir] in contravention of any order made under section 2 shall, unless he proves that he exercised all diligence to prevent the said contravention, be deemed to have abetted the contravention.

(1) Any officer of police, not below the rank of a Sub-inspector, any officer of the Customs Department and any other officer of the 3Government of Union territory of Jammu and Kashmir empowered by a general or special order of the ¹[Government of Union territory of Jammu and Kashmir] in this behalf, may arrest without warrant any person who has contravened or against whom a reasonable suspicion exists that he has contravened the provisions of order made under section 2.

(1) Where any Police Officer, not below the rank of Inspector, or any other public servant authorised by a general or special order of the ¹[Government of Union territory of Jammu and Kashmir] in this behalf, has reason to suspect that any person who is about to depart from the ³[Union territory of Jammu and Kashmir] is attempting so to depart for purposes prejudicial to the public safety or to the defence of the ³[Union territory of Jammu and Kashmir], he may, notwithstanding the fact that such departure does not contravene any order made under section 2, prevent the departure of that person.

No suit, prosecution or other legal proceedings shall lie against any person for anything in good faith done or intended to be done in pursuance of this Ordinance or an order made under it.

⁴[8. Appointment and jurisdiction of Special Judges. (1) For the trial of offences punishable under section 3-A or section 3-B read with section 3-A, the ¹[Government of Union territory of Jammu and Kashmir] may appoint as Special Judges having jurisdiction throughout the ²[Union territory of Jammu and Kashmir], such persons who have for a period of not less than one year exercised the powers of a Sessions Judge under the ³[Code of Criminal Procedure, 1973 (2 of 1974)], or who have, for a period of not less than four years, exercised enhanced powers of ⁵[Judicial Magistrate] of the first class under ⁶[section 29] of the said Code or who have, for a period of not less than ten years, practised at the Bar.

(1) The ⁴[Government of Union territory of Jammu and Kashmir] may, at any stage of the proceedings before a Special Judge, transfer the case to another Special Judge.

(1) A Special Judge may take cognizance of an offence without the accused being committed to his Court for trial, and, in trying accused persons, shall follow the procedure prescribed by, the ¹[Code of Criminal Procedure, 1973 (2 of 1974)], for the trial of warrant cases by ²[Judicial Magistrates] :

A Special Judge may pass any sentence authorised by law.

(1) If, in any proceeding, the Special Judge certifies that in his opinion the case has involved questions of special difficulty, whether of law or fact or is one which for any other reason ought properly to be reviewed, or when the person convicted by the Special Judge under section 3-A or section 3-B read with section 3-A so demands, the proceeding shall be submitted for review by a person chosen by the ¹[Government of Union territory of Jammu and Kashmir] from the Judges of the High Court and the decision of that person shall be final.

If, as respects any proceedings before a Special Judge or before a judge reviewing under section 12 of the proceedings of a Special Judge, the Special Judge or reviewing Judge, as the case may be, is satisfied that it is expedient in the interests of the public safety or the security of the ³[Union territory of Jammu and Kashmir] so to do, such Judge may give directions, that throughout or during any part of the

(1) In any proceedings before the Special Judge and in proceeding before a Judge reviewing under section 12 the proceedings of a Special Judge when the Special Judge or the reviewing Judge grants permission in this behalf, a person accused of an offence triable under section 3-A or section 3-B read with section 3-A may be defended by a legal practitioner.

Notwithstanding anything contained in the ¹[Indian Evidence Act, 1872 (1 of 1872)], when the statement of any person has been recorded by a ²[Judicial Magistrate] such statement may be admitted in evidence in any trial before a Special Judge, if such person is dead or cannot be found or is incapable of giving evidence.

(1) When any accused, in a trial before a Special Judge, has by his voluntary act rendered himself incapable of appearing before the Court, or resists his production before it or behaves before it in a persistently disorderly manner, the Court may, at any stage of the trial, by order in writing, made after such enquiry as it may think fit, dispense with the attendance of such accused for such period as it may think fit and proceed with the trial in his absence.

Notwithstanding the provisions of the ¹[Code of Criminal Procedure, 1973 (2 of 1974)], or of any other law for the time being in force, or of anything having the force of law by whatsoever authority made or done, there shall be no appeal from any order or sentence made or passed by a Special Judge or reviewing Judge under section 3-A or section 3-B read with section 3-A of this Ordinance and save as provided in this Ordinance, no Court shall have authority to revise such order or sentence or to transfer any case from the Court of a Special Judge or to make any order under ^*[section 491 of the Code of Criminal Procedure, 1989], or have any jurisdiction of any kind in respect of any proceedings under the aforesaid sections of this Ordinance.

(1) Notwithstanding the provisions of the ¹[Code of Criminal Procedure, 1973 (2 of 1974)], or of any other law for the time being in force, or of anything having the force of law by whatsoever authority made or done, no person, other than the accused or his legal practitioner, shall be entitled to be furnished with a copy of any part of the records of, or of any document relating to, any proceedings under section 3-A or section 3-B read with section 3-A of this Ordinance.

(1) The provisions of the ¹[Code of Criminal Procedure, 1973 (2 of 1974)], and of any other law for the time being in force in so far as they may be applicable and in so far as they are not inconsistent with the provisions of this Ordinance shall apply to all matters connected with, arising from or consequent upon, a trial under this Ordinance.

Any person who, without the previous authorisation of the ¹[Government of Union territory of Jammu and Kashmir], discloses or publishes any information with respect to any proceedings or with respect to any person proceeded against under section 3-A or section 3-B read with section 3-A of this Ordinance, shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both.

Without prejudice to the provision contained in section 5, the ¹[Government of Union territory of Jammu and Kashmir] may, by general or special order, direct the removal from the Indian side of the Ceasefire Line to the other side of the said Line of any person who has committed, or against whom a reasonable suspicion exists that he has committed, an offence under this Ordinance, and thereupon any officer of ¹[Government of Union territory of Jammu and Kashmir] shall have all reasonable powers necessary to enforce such direction.]