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State of Assam - Section

Section 23 in The Assam Criminal Law (Amendment) Act, 1934

23. Scrutiny of cases by two Judges.

(1)Within one month from the date of an order by the appropriate Government under sub-section (1) of Section 16, the appropriate Government shall place before two persons, who shall be either Sessions Judges or 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 relating to the case, which may have subsequently come into 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 his possession, and the 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 facts and circumstances and the allegations and answers and shall report to the appropriate Government whether or not in their opinion there is lawful and sufficient causes for the order.
(2)On receipt of the said report, the appropriate Government shall consider the same and shall pass such order thereon, as appears to the appropriate Government to be just and proper.
(3)Nothing in this section shall entitle any person against whom an order has been made under sub-section (1) of Section 16 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.