Section 9 in The Bengal Criminal Law Amendment Act, 1930
9. Scrutiny of case by two Judges
(1)Within one month from the date of an order by the State Government under sub-section (1) sub-section 2 or, if such order contains a direction under clause (a) of sub-section (2) of the said section, within one month from the date of the arrest or surrender of the person in respect of whom the order has been made, the State Government shall place before two persons, who shall be eigher Sessions Judges of Additional Sessions Judges having in either case, exercised for at least five years, the powers of a Sessions Judge, or Additional Sessions Judge, the material facts and circumstances in its possession on which the order has been based or which are relevant to the inquiry, together with any such facts and circumstances relating to the case which may have subsequently come into its possession, and a statement of the allegations against the person in respect of whom the order has been made and his answers to them, if furnished by him. The said Judges shall consider the said material facts and circumstances and the allegations and answers and shall report to the State Government whether or not in their opinion there is lawful and sufficient cause for the order.(2)On receipt of the said report, the State Government shall consider the same and shall pass such order thereon as appears to the State Government to be just or proper.(3)Nothing in this section shall entitle any person against whom an order has been made under sub-section (1) of section 2 to attend in person or to appear by pleader in any matter connected with the reference to the said Judges, and the proceedings and report of the said Judges shall be confidential.
