5. State Government to place report before advising Judges
After issue of the warrant under section 4, the State Government shall forthwith cause the report of the Commissioner of Police or of the District Magistrate, as the case may be, with all material facts and circumstances in their possession relevant to the same to be placed before two advising Judges, of whom one shall be the District and Sessions Judge, or an Additional District and Sessions Judge, of 24-Parganas and the other shall be—(a)a District and Sessions Judge; or(b)an Additional District and Sessions Judge; or(c)a Subordinate Judge or a Judge of a Small Cause Court who has served as such for not less than five years and as an Additional Sessions Judge or Assistant Sessions Judge for at least one year.(2)The advising Judges shall consider in camera the report and the other facts and circumstances, if any, adduced before them by the State Government, and any representation, submitted to them by the person against whom the report has been made within the time fixed by section 4 or such further time as they may allow, and shall call for such further information, if any, and may examine such witnesses, if any, as shall appear to them to be necessary to enable them to tender their advice on the report. They shall also give to the person against whom the report has been made, if he so desires, an opportunity of appearing in person before them to offer his explanation, and may at the instance of that person require the attendance of any other person, whose statement may support the explanation:Provided that—(a)nothing in this section shall be deemed to entitle the person whose case is before the advising Judges to appear or be represented before them by pleader, nor shall the State Government be so entitled,(b)the advising Judges shall not disclose to the person in question any fact the communication of which might endanger the safety of any individual, and(c)the advising Judges shall not be bound to observe the rules of evidence and shall not permit the putting of any question which may endanger the safety of any individual.(3)Any statement made to the advising Judges by any person other than the person whose case is before them shall be deemed to be information given to a public servant within the meaning of section 182 of the Indian Penal Code, and the advising Judges shall for the purpose of securing the attendance of any person under the provisions of sub-section (2) have all the powers of a District Magistrate under the Code of Criminal Procedure, 1898.(4)When the advising Judges has reached their conclusions, they shall report the same in writing to the State Government.(5)If the person whose case is under their consideration claims, when submitting his representation or when appearing before the advising Judges, that both he and his father were born in West Bengal or that he is a member of a family which has definitely settled in West Bengal and is himself so settled, the advising Judges shall give him an opportunity of establishing his claim, and shall also give to the Commissioner of Police or the District Magistrate, as the case may be, an opportunity of rebutting the same, and at the time of submission of their report to the State Government shall record their opinion as to whether such person has established his claim.
