Rule 33
Authority And Procedure Of A Special Court Martial
(1) A special court martial shall have the following authority –
(a) To acknowledge any person or evidence related and necessary to a case other than the witnesses provided by the plaintiff and defendant;
(b) To record a statement, after the arrest of a defendant who has not appeared on the summand date, or to take a testimony from a witness;
(c) To adjudicate a case by assigning a date to present in the court or asking to present when needed or giving a date to present in a specific time to any party of a case.
(d) If the immediate evidence shows that the accused has not required to be kept in detention while conducting a trial to ask for a bond or bail by taking into account the amount of the damage caused or unlawfully collected amount by the accused and the prison term or penalty likely to be imposed upon him/her;
(e) If the immediate evidence shows that there has been sufficient and reasonable grounds that the accused has required to be detained during the trial, to make trial by keeping the accused in detention during the trail.
(f) Taking into consideration the gravity of the alleged accusation, the situation of the accused, the degree and nature of the offence, may issue an order to the relevant authority to stop the transaction of property, not to issue passport to such accused, or if already has been issued, to give an order to cancel he validity of a passport, to the concerned authority.
(2) In conducting the initial proceeding and trial, the matters laid down in this chapter shall prevail for as accordingly, and for other matters, the court martial shall exercise the same authority and procedures as exercised by the District Court under the prevailing law.
(3) The proceedings and adjudication of an appeal brought against a decision or final order rendered by a General Court Martial and a Summary General Court Martial, under the clause (a) of the section 68 of the Act, a Special Court Martial shall exercise the following powers and procedures :–
(a) To confirm, quash or partly reject the decision of a General Court Martial and or a Summary General Court martial;
(b) To render a similar level decision or final order which a General Court Martial and a Summary General Court Martial have the authority to render;
(c) If a General Court Martial and a Summary General Court Martial has left to collect & test the evidence relevant to the fact by which the judgments should be given, acknowledge the evidence by itself or send the files to those courts for the collection of the same evidence by still retaining the case on the list (lagat).
(d) If a General Court Martial and a Summary General Court Martial have rendered a decision only partially deciding the few questions then providing for a reasonable time-frame, a case file can be transferred to the same court again for further decision by providing reasonable time.
(e) To exercise the same authority as exercised by courts under prevailing laws, in order to summon a party and witness, to record a statement and testimony, to acknowledge evidence and to ask over for documents, as well as imposing punishment and penalty.
(4) The Special Court Martial, in processing and deciding the cases filed and the appeals tendered, shall self determine the required procedures, except those provided for in the Act and in these rules.
(a) To acknowledge any person or evidence related and necessary to a case other than the witnesses provided by the plaintiff and defendant;
(b) To record a statement, after the arrest of a defendant who has not appeared on the summand date, or to take a testimony from a witness;
(c) To adjudicate a case by assigning a date to present in the court or asking to present when needed or giving a date to present in a specific time to any party of a case.
(d) If the immediate evidence shows that the accused has not required to be kept in detention while conducting a trial to ask for a bond or bail by taking into account the amount of the damage caused or unlawfully collected amount by the accused and the prison term or penalty likely to be imposed upon him/her;
(e) If the immediate evidence shows that there has been sufficient and reasonable grounds that the accused has required to be detained during the trial, to make trial by keeping the accused in detention during the trail.
(f) Taking into consideration the gravity of the alleged accusation, the situation of the accused, the degree and nature of the offence, may issue an order to the relevant authority to stop the transaction of property, not to issue passport to such accused, or if already has been issued, to give an order to cancel he validity of a passport, to the concerned authority.
(2) In conducting the initial proceeding and trial, the matters laid down in this chapter shall prevail for as accordingly, and for other matters, the court martial shall exercise the same authority and procedures as exercised by the District Court under the prevailing law.
(3) The proceedings and adjudication of an appeal brought against a decision or final order rendered by a General Court Martial and a Summary General Court Martial, under the clause (a) of the section 68 of the Act, a Special Court Martial shall exercise the following powers and procedures :–
(a) To confirm, quash or partly reject the decision of a General Court Martial and or a Summary General Court martial;
(b) To render a similar level decision or final order which a General Court Martial and a Summary General Court Martial have the authority to render;
(c) If a General Court Martial and a Summary General Court Martial has left to collect & test the evidence relevant to the fact by which the judgments should be given, acknowledge the evidence by itself or send the files to those courts for the collection of the same evidence by still retaining the case on the list (lagat).
(d) If a General Court Martial and a Summary General Court Martial have rendered a decision only partially deciding the few questions then providing for a reasonable time-frame, a case file can be transferred to the same court again for further decision by providing reasonable time.
(e) To exercise the same authority as exercised by courts under prevailing laws, in order to summon a party and witness, to record a statement and testimony, to acknowledge evidence and to ask over for documents, as well as imposing punishment and penalty.
(4) The Special Court Martial, in processing and deciding the cases filed and the appeals tendered, shall self determine the required procedures, except those provided for in the Act and in these rules.