(2) A summary general courtmartial shall have an officer not below the substantive rank of a
lieutenant commander as president and shall have power to try any person subject to this Ordinance
for any offence punishable therein and to pass any sentence authorised thereby.
99. Composition of courtsmartial.__(1) A courtmartial shall consist of such number of officers
of any branch of the Pakistan Navy, who have held commissions for a period of not less than three
years and who are of or above the rank of lieutenant as the authority ordering the courtmartial may
fix, subject to the following limits, namely :___
(a) a general courtmartial shall consist of not less than five and not more than nine such
officers ;
(b) a district courtmartial shall consist of not less than three and not more than seven such
officers ; and
(c) a summary general courtmartial shall consist of not less than three and not more than
five such officers.
(2) The president and other members of a courtmartial, and such spare members as the authority
ordering the courtmartial considers appropriate for the purpose of filling vacancies, shall be
nominated by that authority.
(3) The officer who orders a courtmartial shall not be a member of the courtmartial ; and no
courtmartial shall consist of officers all of whom belong to the same ship or naval establishment.
(4) A courtmartial for the trial of an officer shall not include more than one member, who is
below the rank of such officer.
1[99A. Members of courtmartial and presiding officer of court of appeals to be Muslims. In
the trial of a person subject to this Ordinance, who is a Muslim, by a courtmartial for an offence
punishable under an Islamic law, the president, the judge advocate and the members, including the
spare members, of the courtmartial, the confirming officer and the presiding officer of the court of
appeals shall all be Muslims.]
100. Judge Advocate.__(1) Every general courtmartial shall, and every district or summary
general courtmartial may, be attended by a Judge Advocate, who shall be either an officer belonging
to the department of the Judge Advocate General, or if no such officer is available, a fit person
appointed by the convening officer.
(2) No general courtmartial, and no district or summary general court martial to which a Judge
Advocate has been appointed shall proceed with the trial in the absence of the Judge Advocate.
1 Ins. by the Pakistan Navy (Amdt.) Ordinance, 1984 (37 of 1984), s. 13.
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