Section 13 of NIA Act 2008: Jurisdiction of Special Courts

Jurisdiction of Special Courts NIA Act 2008
13. Jurisdiction of Special Courts.—(1) Notwithstanding anything contained in the Code, every
Scheduled Offence investigated by the Agency shall be tried only by the Special Court within whose local
jurisdiction it was committed. (2) If, having regard to the exigencies of the situation prevailing in a State if,—
(a) it is not possible to have a fair, impartial or speedy trial; or
(b) it is not feasible to have the trial without occasioning the breach of peace or grave risk to the
safety of the accused, the witnesses, the Public Prosecutor or a judge of the Special Court or any of
them; or
(c) it is not otherwise in the interests of justice,
the Supreme Court may transfer any case pending before a Special Court to any other Special Court
within that State or in any other State and the High Court may transfer any case pending before a Special
Court situated in that State to any other Special Court within the State.
(3) The Supreme Court or the High Court, as the case may be, may act under this section either on the
application of the Central Government or a party interested and any such application shall be made by
motion, which shall, except when the applicant is the Attorney-General for India, be supported by an
affidavit or affirmation.