(1) There
shall be an Army Special Court Martial which shall hear appeal against a
decision or final order rendered by a General Court Martial and Summary
General Court Martial pursuant to Clause (a) of Section 68.
(a) Judge of an Appellate Court
nominated by Government of Nepal
on the recommendation of the
Judicial Council Chairperson
(b) Secretary of Ministry of Defence Member
(c) Chief of Prad Viwak Member
(2) The party aggrieved by the decision or final order rendered by a
General Court Martial and Summary General Court Martial pursuant to
Clause (a) of Section 68 may file an appeal before the Special Court Martial
as referred to in Sub-section (1) within Thirty Five days of the date of such
decision or final order.
(3) The Court established pursuant to Sub-section (1) shall have an
original jurisdiction to proceed with and adjudicate the case as referred to in
Section 62.
(4) An appeal may be filed before the Supreme Court against a
decision made pursuant to Sub-section (3) within Thirty Five days of the
decision.
(5) The procedures applicable to the original jurisdiction and
appellate jurisdiction shall be as prescribed.
(6) The party aggrieved by a decision or final order of the Court
Martial regarding offences as referred to in Clauses (b) and (c) of Section
68 may file an appeal before the Chief of Army Staff through the Judge
Advocate General Department (Prad Viwak) within Thirty Five days of the
date of decision or final order.
(7) There shall be an Appeal Hearing Committee which shall
proceed with and adjudicate the cases filed pursuant to Sub-section (6):
(a) Brigadier General (Sahayk Rathi)
nominated by the Chief of Army
Staff Chairperson
(b) Colonel (Mahasenani) nominated
by the Chief of Army Staff Member
(c) Representative of Prad Viwak
who was not involved in the Court
Martial of the concerned case Member
(8) The procedures applicable during the proceedings and
adjudication of an appeal to the Committee as referred to in Sub-section (7)
shall be as prescribed.