Ehtesab Bureau Act –Bail — Power of High Court

S. 7 — See AJK Interim Constitution Act, 1974, S. 42. Azad Government of the State of JK through its Chief Secretary, New Secretariat, Muzaffarabad and another v. Haji M. Ashraf, Deputy Chairman, AJK Ehtesab Bureau, Muzaffarabad 2013 SCR (SC AJ&K) 156
S. 10 (2) — From the language employed, it is pertinent to note that as regards the Code of Criminal Procedure, ouster operates only to the extent of grant of bail to an accused person under the Ehtesab Act because then reference thereafter relates to no other provisions of the Code —- Should the provision, as it is, be taken to mean that the High Court’s jurisdiction by virtue of this section in the Act stands completely ousted? No such construction could, in our view, be placed to the section for the simple reason that there are other important provisions conferring much wider powers on the High Court in the matter of grant of bail. The State v. Javed Iqbal 2001 SCR 1 (F)
S. 10(2)(B) — Ouster of jurisdiction — Bail — The Legislature deemed it proper to use the word ‘bail’ in sub-section 2 of section 10 of Ehtesab Act while ousting the jurisdiction of ‘other Courts’ other than the Ehtesab Court which implies that the Legislature intended to oust the jurisdiction to release a person on bail, irrespective of various provisions which can be pressed into service while allowing bail to an accused person — The general word ‘bail’ employed by Legislature in the aforesaid provision clearly indicates the intention to take away the jurisdiction of all the Courts except the Ehtesab Court to release a person on bail. The State v. Javed Iqbal 2001 SCR 1 (D)