Section 61 in The National Security Guard Rules, 1987
61. Summoning of defence witnesses.
(1)Subject to the provisions of sub-rules (2) and (3), the Commander shall, on a request made in this behalf by the accused, summon such witnesses as are specified by the accused.(2)Where the Commander is satisfied that the evidence to be given by any witness is not likely to be of material assistance at the trial, he may refuse to summon such witness and while doing so he shall record in; writing the reasons for not calling the witness.(3)The Commander may, before summoning any witnesses require the accused to defray or undertake to defray the cost of attendance of such witness and if the accused refuses to defray or undertake to defray the cost aforesaid, the Commander may refuse to procure the attendance of that witness.(4)Where the Commander has refused to summon the witness under sub-rule (2) or sub-rule (3), the accused may make an application to the Court for the summoning of such witness and the Court may, if it considers it to be expedient in the interests of justice, order the summoning of such witness and, if necessary, adjourn the proceedings for the attendance of such witness.Explanation. - For summoning witnesses, summons as per specimen given in appendix XV shall be issued.
