101. Quorum and dissolution of courtsmartial.__(1) If at any time after a courtmartial has
been sworn and before the president has signed the finding and sentence, if any, the president or the
judge advocate dies or is otherwise unable to attend, the court shall be dissolved.
(2) The proceedings of a courtmartial shall be valid notwithstanding the absence of one or more
of the members other than the president, so long as the number of members present throughout the
proceedings is not reduced below the minimum required by this Ordinance to constitute the Court;
other wise the court shall be dissolved.
(3) Where any member is absent the court shall be adjourned, unless it is allowed to proceed
without such member by the convening authority, in which case such member shall not at any
subsequent stage sit on that court.
(4) The officer who convened a courtmartial may dissolve such courtmartial, if it appears to him
that the exigencies of the service or the necessities or discipline render it impossible or inexpedient to
continue the trial.
(5) Where a courtmartial is dissolved under this section the accused may be tried by a court
martial constituted afresh.
102. Powers of commanding officers in respect of summary trial.__ (1) Subject to the
provisions of this section, a 1[chief petty officer or sailor] may be summarily tried by the officer in
command of the naval ship or naval establishment to which the offender belongs either at the time of
the commission of the offence or at the time of the trial, and may be awarded such punishment as
may be prescribed.
(2) This section applies to every offence under this Ordinance other than an offence punishable
with death 2[or with hadd under any Islamic law].
(3) A commanding officer shall not have power under this section to award a sentence of
imprisonment or detention for any term exceeding three months.
(4) The power conferred by subsection (1) on the officer in command of a ship or establishment
may, subject to rules be exercised,__
(a) in respect of persons on board a single tender or boat which is absent from the ship or
establishment on detached service, by the officer in command of that tender or boat ;
1 Subs. by the Pakistan Navy (Amdt.) Ordinance, 1980 (55 of 1980), s.20, for “rating”.
2 Added by the Pakistan Navy (Amdt.) Ordinance, 1984 (37 of 1984), s. 14.
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