Rule 7
Report To Be Submitted
(1) Upon completion of an investigation and enquiry by a Court of Enquiry, a report with opinion clearly containing the following matters shall be submitted to the Prad Viwak office.
(a) Full name, home address, computer no. rank and unit of the accused.
(b) Details of the offence.
(c) Contents of a statement made by accused person.
(d) Contents of a statement made by the informant or victim.
(e) Accusations and charges being brought against the accused and relevant evidence.
(f) Relevant laws.
(g) Reasons to keep in detaintion or not to keep in detention while proceeding.
(h) Amount of compensation assessment of the damage caused due to the offence if that has to be paid.
(i) Opinions on whether to file the case or not.
(j) If the accused has already punished in any offence before and more punishment has to be made due to the reason then the date of punishment made before and the name of the body which made the punishment.
(k) Other relevant matters regarding the case.
(2) After receiving a report with an opinion from the Court of Enquiry pursuant to sub rule (1), the Prad Viwak office shall review the report, and transfer the file with an opinion to the Chief of the Army Staff, for making a decision in relation to whether or not an action shall be brought against the accused. After receiving the file as such, the Chief of the Army Staff shall make a final decision on the subject whether or not an action shall be brought against the accused.
(3) Notwithstanding anything contained in the sub rule (2), if a Summery Court Martial has the power of trial and to adjudicate a case pursuant to the clause (c) of section 68 of the Act then the Prad Viwak office shall make a final decision in relation to whether the case has been filed or not. (4) The Prad Viwak shall delegate the power conferred to it pursuant to sub rule (3), to the Court of Enquiry as per the need.
(a) Full name, home address, computer no. rank and unit of the accused.
(b) Details of the offence.
(c) Contents of a statement made by accused person.
(d) Contents of a statement made by the informant or victim.
(e) Accusations and charges being brought against the accused and relevant evidence.
(f) Relevant laws.
(g) Reasons to keep in detaintion or not to keep in detention while proceeding.
(h) Amount of compensation assessment of the damage caused due to the offence if that has to be paid.
(i) Opinions on whether to file the case or not.
(j) If the accused has already punished in any offence before and more punishment has to be made due to the reason then the date of punishment made before and the name of the body which made the punishment.
(k) Other relevant matters regarding the case.
(2) After receiving a report with an opinion from the Court of Enquiry pursuant to sub rule (1), the Prad Viwak office shall review the report, and transfer the file with an opinion to the Chief of the Army Staff, for making a decision in relation to whether or not an action shall be brought against the accused. After receiving the file as such, the Chief of the Army Staff shall make a final decision on the subject whether or not an action shall be brought against the accused.
(3) Notwithstanding anything contained in the sub rule (2), if a Summery Court Martial has the power of trial and to adjudicate a case pursuant to the clause (c) of section 68 of the Act then the Prad Viwak office shall make a final decision in relation to whether the case has been filed or not. (4) The Prad Viwak shall delegate the power conferred to it pursuant to sub rule (3), to the Court of Enquiry as per the need.