Page 36 - Records of Bahrain (3) (ii)_Neat

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Records oj Bahrain

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Court, Judgo, officer, or authority may ho dona by, to, or beforo a Court,
Judgo, officer, or authority having tho like or analogous functions, or by!
to, or boforo any oflicor designated by tho Secretary of Stato or by the
Court (as tho caso may require) for that purposo; and in caso any difficulty
occurs in the application tho Secrotary of State, or with his previous or
subsequent assent tho Govornor-Gonoral of India in Council, may direct by, to,
or before whom and in what manner anything is to bo dono, and such Act,
Law, Ordor, form, Rogulation, or proccduro shall bo construed accordingly.
Whore under any such Imperial Act, Law, or Ordor, any publication is
required to bo mado, ns respects any judicial proceeding in any “ Gazotto" or
othorwiso, such publication shall bo mndo by such modo ns tho Court shall think
fit to direct.
Part III.—Criminal.
14—(1) Subject to tho other provisions of this Order, tho Code of Criminal
Proccduro and tho other enactments relating to the administration of criminal
justico in British India for the timo being shall be applicable to Bahrein. Tho
Political Kosident in tho Persian Gulf shall hold aud form a Court, to bo called
tho Chief Court, which shall have all tho powers of a High Court of Judicaturo;
tho Political Agent nt Bahrein shall bo deemed to bo tho District Magistrato
and Sessions Judgo; tho Judicial Assistant to tho Political Resident shall bo
deemed to bo tho Additional District Magistrato and Additional Sessions Judge;
and tho powers of tho Governor-General in Council and of tho Local Government
under thoso enactments shall (bo exercisable by tho Secretary of State, or,
with his previous or subsequent nssout, by the Governor-General of India
in Council.
Notwithstanding, iu any cose triablo by a Subordinate Magistrato under
Chapters XVI. to XXIII. inclusive of the Indian Penal Code, if both tho
complainant and defendant aro Maliommcdans and are acquiescent in such
procedure, tho Political Agent may order tho caso to bo tried by a Kazi, a
representative from tho Agoncy attending to record briefly tho proceedings.
In such suits the judgment passed by tho Kazi cannot be carried into effect
until it is ratified by tho Political Agent, and the Political Agent is empowered
to reviso tho finding and sentence as if the Knzi woro a Subordinate Magistrato,
or to return tho case for re-trial to tho same or another Knzi. Tho sentence
of tho Kazi, when ratified by the Political Agont, shall for all purposes bo
iv '•‘idcd as if it wero the decision of tho Political Agent in tho District
Court.
(2) Any jurisdiction oxorcisablo by the Chief Court in criminal matters
under this Order may bo oxorciscd by tho Judgo of that Court either within
the limits of this Order or elsewhere.
15. In cases in which tho Codo of Criminal Proccduro requires tho
scntonco of a Court of Session to bo confirmed by tho High Court, the
scntcuco shall bo roforred for confirmation to tho Governor-General of India
in Council instead of to tho Chief Court.
<• 0. C. !7U'i. A ‘1'