Section 4 in The Assam Criminal Law (Amendment) Act, 1934
4. Appointment and qualification of Commissioners.
(1)Commissioners for the trial of persons under this Act shall be appointed by the appropriate Government.(2)Such Commissioners may be appointed for the whole of Assam or for any part thereof, or for the trial of any particular accused person or persons.(3)All trials under this Act shall be held by three Commissioners, of whom at least two shall be persons who at the time of appointment under this section are serving as, and have for at least three years served as or exercised the powers of Sessions Judges or Additional Sessions Judges, or are persons qualified under Clause (2) of Article 217 of the Constitution for appointment as Judges of a High Court.(4)At any time before the commencement of trial of any person under this Act, the appropriate Government may, by an order in writing stating the reasons therefor withdraw the case of such persons from the Commissioners appointed for the trial to three other Commissioners appointed in this behalf.(5)At any time in the course of trial or before the commencement of trial if the accused has any reasonable apprehension that he will not have a fair trial at the hands of the Commissioner appointed by the appropriate Government as aforesaid, he shall have the right to move the appropriate Government for a transfer of the case of three other Commissioners to be appointed by the appropriate Government.
