Legal Document View

Unlock Advanced Research with PRISMAI

Integrated with over 4 crore judgments and laws — designed for legal practitioners, researchers, students and institutions

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Section 12345] [Entire Act]

Union of India - Subsection

Section 12345(2) in The Air Force Rules, 1969

(2)[Denotes paragraph number.] The above-named, the accused, is brought before the Court ................................ [Here insert the personal particulars and legal qualifications. If any.]appears to assist (or as Counsel/Defending) Officer for the accused................................................................... [Here insert the personal particulars and legal qualifications. If any.]appears as prosecutor, and takes his place?VARIATION.................................................................. [Here insert the personal particulars and legal qualifications. If any.]appears as counsel for the prosecutor The names of the presiding officer and members of the Court are read over to the hearing of the accused, and they severally answer to their names.Question by the presiding officer to the accused-Do you object to be tried by me as presiding officer, or by any of the officers whose names you have heard /read over?Answer by accused-No.[Instruction.-The questions are to be numbered throughout consecutively in a single series. The letters Q and A. in the margin may stand for Question and Answer respectively.]VARIATIONSChallenging OfficersAnswer-I object toQuestion to accused-Do you object to any other person? (There question must be repeated until all the objections are ascertained).Answer-Question to accused-What is your objection to (the junior officer objected to)?Answer by accused-The accused in support of his objection to .................................requests permission to call ..................................................................etc. etc.................................is called into, Court and is ..................................................................questioned by the accused.The Court is closed to consider the objection.Decision-The Court disallows the objection.The Court is re-opened, and the above decision is made known to the accused.orDecision-The Court allows the objection.The Court is re-opened, and the above decision is made known to the accused................................................................................................................................................retires.Fresh Member ............................................................................. [Insert Rank and Unit.]takes his place as member of the Court-(This only applies in the case of there being a waiting member of the Court).He appears to the Court to be eligible and not disqualified to service on this Court-Martial.Question to accused-Do you object to be tried by .................................(the fresh member)?Answer-(If he objects, the objection will be dealt with in the same manner as the former objection).Question to the accused-What is your objection to .................................(the junior of the officers objected to)?(This objection will be dealt with in the same manner as the former objection).This Court adjourns for the purpose of fresh members being appointed.orThe Court is of the opinion that in the interests of justice and for the good of the service, it is inexpedient to adjourn for the purpose of fresh members being appointed, because [here state the reasons.]At .................................O'clock on.................................the Court resumed its proceedings, and an order appointing fresh officers is read, marked .................................. signed by the presiding officer (judge-advocate) and attached to the proceedings.The Court shall satisfy itself with respect to such fresh officers as provided by rule 49.[instruction.-The procedure as to challenging fresh officers, and the procedure, if any objection is allowed, will be the same as above.]The presiding officer and members of the Court, as constituted after the above proceedings are as follows:
PRESIDING OFFICER
Rank Name Unit
................................ ................................ ................................
MEMBERS
Rank Name Unit
................................ ................................ ................................
................................ ................................ ................................
................................ ................................ ................................
The presiding officer, members, and judge-advocate are duly sworn [or affirmed] (also any officer under instruction).[Instruction.-Following procedure shall be adopted, if any, interpreter and/or short-hand writer are now required to be shown].Question to the accused-Do you object to .................................as interpreter?A-[Instruction.-In case of objection the same procedure will be followed as in the case of an objection to a member of the Court. ]Q. Is duly sworn (or affirmed) as short-hand writer?[Instruction.-The witnesses, if in Court, other than the prosecutor, should be ordered out of the Court at this stage of the proceedings.]CHARGE-SHEET