Section 60 in The Prevention Of Terrorism Act, 2002
60. Review Committees
(1)The Central Government and each State Government shall, whenever necessary, constitute one or more Review Committees for the purposes of this Act.(2)Every such Committee shall consist of a Chairperson and such other members not exceeding three and possessing such qualifications as may be prescribed.(3)A Chairperson of the Committee shall be a person who is, or has been, a Judge of a High Court, who shall be appointed by the Central Government, or as the case may be, the State Government, so however, that the concurrence of the Chief Justice of the High Court shall be obtained in the case of a sitting Judge:Provided that in the case of a Union territory, the appointment of a person who is a Judge of the High Court of a State shall be made as a Chairperson with the concurrence of the Chief Justice of the concerned High Court.(4)[ Without prejudice to the other provisions of this Act, any Review Committee constituted under sub-section (1) shall, on an application by any aggrieved person, review whether there is a prima facie case for proceeding against the accused under this Act and issue directions accordingly.(5)Any direction issued under sub-section (4),(i)by the Review Committee constituted by the Central Government shall be binding on the Central Government, the State Government and the police officer investigating the offence; and(ii)by the Review Committee constituted by the State Government shall be binding on the State Government and the police officer investigating the offence.(6)Where the reviews under sub-section (4) relating to the same offence under this Act, have been made by a Review Committee constituted by the Central Government and a Review Committee constituted by the State Government, under sub-section (1), any direction issued by the Review Committee constituted by the Central Government shall prevail.(7)Where any Review Committee constituted under sub-section (1) is of opinion that there is no prima facie case for proceeding against the accused and issues directions under sub-section (4), then, the proceedings pending against the accused shall be deemed to have been withdrawn from the date of such direction.] [Inserted by Act 4 of 2004, Section 2 (w.r.e.f. 27.10.2003).]
