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[Cites 0, Cited by 0] [Section 5] [Entire Act]

Bengal Presidency - Subsection

Section 5(2) in Goondas Act, 1923

(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.