(b) a Bench of judges set up by the Chief Justice, of which the judge first taking cognizance
of the offence is not a member,
and the case shall then be heard accordingly.
(3) If, at any stage of a case in which the Chief Justice has passed an order under clause (a) of
subsection (2), the Chief Justice is of opinion that, in the interest of justice, the case shall be
transferred to another judge, he may pass an order accordingly and the case shall then be heard by
such other judge.
(4) When, in pursuance of an order under subsection (2), the judge first taking cognizance of the
case is not hearing the case,—
(a) the other judge or, as the case may be, the Bench of judges hearing the case may invite or
receive any further comments from the judge first taking cognizance of the offence and
shall call and hear any witnesses whom such judge desires to be examined; and
(b) all comments furnished by the judge first taking cognizance of the offence shall be treated
as evidence in the case and such judge shall not be required to appear to give evidence.
(5) When in a case the first cognizance of the offence has been taken by the Chief Justice, the
functions of the Chief Justice, under subsections (1), (2) and (3) shall be performed by a Bench of
judges composed of the two next most senior judges available.
9. Proceedings in camera and prohibition of publication of proceedings. In case of
proceedings for transfer of a hearing under section 8 or of any proceedings in which truth is pleaded
as a defence in terms of clause (vi) of the proviso to section 3, the court, if it deems it fit in the public
interest, may hear the case or any part thereof in camera and prohibit the publication of the
proceedings of the case or any part thereof.
10. Expunged material.No material which has been expunged from the record under the orders
of—
(a) a court of competent jurisdiction; or
(b) the presiding officer of the Senate, the National Assembly or a Provincial Assembly,
shall be admissible in evidence.
11. Appeal and limitation for appeal.—(1) From an original order passed by the High Court
under this Act an appeal shall lie, if the order is passed by a single judge, to a Division Bench, and if it
is passed by a Bench of two or more judges, to the Supreme Court.
(2) An appeal shall lie to the Supreme Court from an order passed by a Division Bench of a High
Court in appeal against an order passed by a single judge.
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