Qatar Order in Council, 1938 [‎5r] (9/32)

Resident in the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. shall hold and form a Court to be
u ^hief Court, which shall have all the powers of a
i ^ otlr ^ . 0 ^ Judicature: the Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. shall be deemed
to be the District Magistrate and Sessions Judge; the Judicial
Assistant to the Political Resident A senior ranking political representative (equivalent to a Consul General) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Residency. shall be deemed to be the
additional District Magistrate and additional Sessions Judge;
and the powers of the Governor-General in Council and of the
Local Government under those enactments shall be exercisable
by the Secretary of State, or, with his previous or subsequent
assent, by the Governor-General of India in Council.
Notwithstanding, in any case triable by a subordinate Magis
trate under Chapters XVI to XXIII inclusive of the Indian
Penal Code if both the complainant and defendant are Muham-
madans and are acquiescent in such procedure, the Political
Agent may order the case to be tried by a Qazi, a representative
from the Agency An office of the East India Company and, later, of the British Raj, headed by an agent. attending to record briefly the proceedings. In
such suits the judgment passed by the Qazi shall not be carried
into effect until it is ratified by the Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. , and the
Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. shall have power to revise the finding and sen
tence as if the Qazi were a subordinate Magistrate, or to return
the case for retrial to the same or another Qazi. The sentence
of the Qazi when ratified by the Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. , shall for all
purposes be regarded as if it were the decision of the Political
Agent in the District Court.
(2) Any jurisdiction exercisable by the Chief Court in criminal
matters under this Order may be exercised by the Judge of that
Court either within the limits of this Order or elsewhere.
16. In cases in which the Code of Criminal Procedure requires
the sentence of a Court of Session to be confirmed by the High
Court, the sentence shall be referred for confirmation to the
Governor-General of India in Council instead of to the Chief
Court.
17. Where a person subject to the Order is accused of the
commission of an offence, the cognisance whereof appertains
to the Court, and it is expedient that the offence be enquired
of, tried, determined, and punished in a British Possession, the
accused may (under the Foreign Jurisdiction Act, 1890, section
6) be sent for trial to Bombay.
Ihe Chief Court may, where it appears so expedient, by
warrant under the hand and seal of the Political Resident A senior ranking political representative (equivalent to a Consul General) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Residency. , cause
the accused to be sent for trial to Bombay accordingly.
The warrant shall be sufficient authority to any person to
whom it is directed to receive and retain the person therein
named and to carry him to and deliver him up at Bombay,
according to the warrant.
Where any person is to be sent to Bombay, the Court before
which he is charged shall take the preliminary examination,
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