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PART C -- CRIMINAL CASES AFFECTING MILITARY OFFICERS AND SOLDIERS
1. Cases to be tried only by District and Ist Class Magistrate.--Criminal cases against military officers and soldiers should only be taken up by District Magistrate or Magistrates of the first class, and this direction should be strictly observed.
2. Copy of Judgment to be sent to superior officer of accused.-- In every case in which a military officer or a soldier is sentenced by a Criminal Court to a fine of Rs. 200 or upwards, or to imprisonment otherwise than in default of paying a fine not amounting to Rs. 200, the Court shall send a copy of its final order proprio motu to the immediate superior of the person convicted.
3. Military rank of accused to be stated in the warrant of committal to prison.-- Whenever a soldier is committed to jail, whether for trial or under sentence, his military rank shall always be stated in the warrant of commitment, in order that due notice may be given to the military authorities of the day on which, and hour at which, the imprisonment of such person will expire.
4. Information of conviction to be sent by Cantonment Magistrate to superior officer.-- When a person amenable to Military Law is convicted of any offence by a Cantonment Magistrate, information in the form given below shall be furnished by such Cantonment Magistrate to the superior officer of the person so convicted:-
Form of Information
Name (and Military
rank) of person Offence of Sentence Date
convicted.
5. Information of conviction of pensioned officers.-- *[Whenever a Military Pensioner is convicted and sentenced to imprisonment by a Criminal Court, a copy of the judgment shall be sent at once to the Deputy Controller of Military Accounts (Pensions), Lahore.]
Criminal Courts subordinate to the District Magistrate will send copy of every such judgment to the District Magistrate who will forward all such copies of judgments, of his own or subordinate courts, to the Deputy Controller of Military Accounts (Pensions), Lahore.
The same instructions apply to appellate courts and copies of judgments passed on appeal, if any, shall be forwarded to the officers named above.
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[6. Information of conviction of Army reservists.-- Whenever a reservist of the Pakistan Army is sentenced by a Criminal Court to imprisonment for any term exceeding three months, the fact shall be reported in the manner prescribed in the last preceding paragraph, without delay to the Officer Commanding of the appropriate Reserve Centre.
7. Rules for retrial of persons subject to Military, Naval or Air Force Law.- (1) The Criminal Procedure (Military Offenders) Rules 1970, provide that where a person subject to Military, Naval or Air Force law is brought before a Magistrate, and charged with an offence for which he is liable under the Pakistan Army Act, 1952 (XXXIX of 1952) the Pakistan Navy Ordinance, 1961 (XXXV of 1961) or the Pakistan Air Force Act, 1953 (VI of 1953) to be tried by a Court-Martial, such Magistrate, unless he is moved by the competent Military, Naval or Air Force authority as the case may be to proceed against the accused under the Code, shall before so proceeding, give notice to such authority and, until the expiry of a period of fifteen days from the date of service of such notice shall not -
(a) convict the accused under section 243, acquit him under section 247 or section 248, or hear him in his defence under section 244 of the code, or
(b) frame charge against the accused under section 242 of the Code, or
(c) transfer the case for enquiry or trial under section 192 of the Code.
(2) Where, within the period of fifteen days mentioned in rule 2, or at any time thereafter, before the Magistrate has done any act or issued any order referred to in that rule, the competent Military, Naval or Air Force authority, as the case may be, gives notice to the Magistrate that the accused should be tried by Court-Martial, the Magistrate shall stay proceedings and, if the accused is in his power or under his control, shall deliver him, with the statement prescribed by section 549 of the Code, to the authority specified in the said section.
(3) Where a Magistrate has been moved by the competent Military, Naval or Air Force authority, as the case may be, under sub-paragraph (2), and such an authority subsequently gives notice to such Magistrate that, in the opinion of such authority, the accused should be tried by Court-Martial, such Magistrate, if he has not, before receiving such notice, done any act or issued any order referred to in rule 2, shall stay proceedings, and if the accused is in his power or under his control, shall in like manner deliver him with the statement prescribed in section 549 of the Code to the authority specified in the said section.
(4) Where an accused person, having been delivered by the Magistrate under sub-paragraph (2) or (3) is not tried by a Court-Martial for the offence of which he is accused, or other effectual proceedings are not taken, or ordered to be taken against him, the Magistrate shall report the circumstance to the Provincial Government.
(5) (i) Notwithstanding anything to the contrary contained in sub-paragraphs (2), (3), or (4), where it comes to the notice of a Magistrate that a person subject to Military, Naval or Air Force law has committed an offence proceedings in respect of which ought to be instituted before him, the Magistrate may by a written notice require the competent Military, Naval or Air Force authority, at the option of such authority, either to deliver such person, if in its custody, to the nearest Magistrate for being proceeded against according to law, or to stay the proceedings against such person before the court-martial, if since instituted, and to make a reference to the Federal Government for determination as to the Court before which proceedings should be instituted.
(ii) The competent Military, Naval or Air Force authority to whom a notice is issued under sub-paragraph (1) shall either deliver the offender in accordance with the notice or refer the question of the trial to the Federal Government, whose order upon such a reference shall be final.
(6) In these rules, unless there is anything repugnant in the subject or context -
(a) "Code" means the Code of Criminal Procedure, 1898 (V of 1898);
(b) "Competent Military Authority" means an officer having powers not less than those of an independent Brigade or Line of Communication Sub Area Commander under whom, or the Officer Commanding the Station in which the accused person is serving, provided that where death has resulted, the competent authority shall be an officer having powers not less than those of an independent Brigade or Line of Communication Sub Area Commander;
(c) "Competent Naval Authority" means the administrative authority under whose command the accused is serving or is attached or any superior authority, provided that where death has resulted, the competent authority shall be the Commander-in-Chief;
8. Dual jurisdiction of court-martial and Civil Court and the prescribed authority to decide by whom the case to be tried.- The following procedure shall be observed in a case where there is dual jurisdiction, i.e. of a court-martial as well as a Civil Court, as laid down in the Pakistan Army Act, 1952 (XXXIX of 1952) section 94 and 95; the "prescribed officer" being the General Officer Commanding-in-Chief, district Brigade or Station Commander.
If the offender is in Military/Civil custody the Units Commander/Magistrate will take steps to request the prescribed military authority to decide before which court proceedings shall be instituted; but in those cases falling under section 59 of the Pakistan Army Act, 1952, in which death has resulted, the decision shall rest with the district Commander or General Officer Commanding-in-Chief.
9. Procedure in cases of civil offences.-- Appendix IX to the "Regulations for the Pakistan Army, should be referred to regarding the general procedure to be followed in cases of civil offences committed by persons subject to military law.]
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