Section 56 in The National Security Guard Rules, 1987
56. Action by a superior Authority on receiving an application for convening a Court.
(1)As soon as a superior officer receives an application for convening a court, he shall scrutinise the charge and the evidence against the accused, where necessary in consultation with the Judge Attorney-General or an officer detailed for the purpose, by the Judge Attorney General and he,(i)shall direct the Commander to dismiss the charge where the evidence against the accused is insufficient and further evidence is not likely to be available and may direct him to do so if he considers it inadvisable to proceed with the trial; or(ii)may return the case to the Commander for being tried by a summary Security Guard Court or being dealt with summarily if he considers that the same can be adequately so tried or dealt with; or(iii)may dispose of the case administratively and if he is not competent to do so, may forward the case to higher authority with his recommendations; or(iv)may return the case for recording further evidence, if he considers the evidence recorded insufficient but considers that further evidence may be available.(2)(a)In any other case he may either himself convene a court or if he considers that a higher type of Court should be convened and he is not empowered to convene such a Court, forward the case to a higher authority with recommendation that such court may be convened.(b)The higher authority on receiving the case may exercise any of the powers given in sub-rule (1):Provided that a superior officer or higher authority before convening a General Security Guard Court or a Petty Security Guard Court shall take the advice of the Judge Attorney General or an officer detailed for the purpose by the Judge Attorney General :Provided further that the superior authority or higher authority while convening a court may reframe the charge sheet on which the accused is to be tried.
