THE COAST GUARD ACT, 1978

Chapter XI
JUDICIAL REVIEW OF PROCEEDINGS OF COAST GUARD COURTS

 

Judicial review by the Chief Law Officer.

 

 

117.(1) All proceedings of trials by Coast Guard Courts shall be reviewed by the Chief Law Officer either on his own motion or on application made to him within the prescribed time by any person aggrieved by any sentence or finding, and the Chief Law Officer shall transmit the report of such review together with such recommendations as may appear to him just and proper to the Director - General for his consideration and for such action as the Director-General may think fit.

     (2) Where any person aggrieved has made an application under sub-section (1), the Chief Law Officer may if the circumstances of the case so require, give him an opportunity of being heard either in person or through a legal practitioner or an officer of the Coast Guard.

 

Consideration by the Director General.

118.(1) On receipt of the report and recommendations, if any, under section 117, the Director-General shall in all cases of sentences of death, and in all cases where the Coast Guard Court is convened by the Central Government, and may in other cases, transmit the proceedings and the report to the Central Government together with such recommendations as he may deem fit to make.

     (2) Nothing in section 117 or this section shall authorise the Chief Law Officer or the Director-General to make any recommendation for setting aside, or the Central Government to set aside, an order of acquittal passed under this Act.