(2) Where it is decided to institute the proceedings before a naval tribunal under subsection (1)
but the criminal court is of the opinion that proceedings ought to be instituted before itself, it may be
written notice require than prescribed naval authority to postpone the proceedings pending the
determination of the matter by the 1[Federal Government], and thereupon the proceedings shall be so
postponed.
(3) On receiving a notice under subsection (2), the said authority shall, unless upon
reconsideration it agrees that the proceedings shall be instituted before the criminal court, forthwith
refer the matter to the 1[Federal Government] whose decision thereupon shall be final.
108. Prohibition of second trial.__(1) Where a person subject to this Ordinance is acquitted or
convicted of an offence 2[by a court of appeals or] on trial by a naval tribunal, a criminal court or a
naval tribunal shall be debarred from trying him subsequently for the same offence 3[save as provided
for in this Ordinance].
(2) Where a person subject to this Ordinance is acquitted or convicted of any offence on trial by a
criminal court, he shall not subsequently be tried under this Ordinance for the same offence ; and no
person so convicted shall, by reason of such conviction, be subjected to any loss of forfeiture of
seniority or of rate, of privilege in respect of leave, or of pay or service (other than pay and service in
respect of time spent in civil custody pending trial, or while attending his trial, or while serving any
sentence of imprisonment, awarded by the criminal court) :
Provided that nothing in this subsection shall affect the power to discharge any person from the
naval service as a person whose services are no longer required.
__________
CHAPTER XI.__PROCEDURE OF COURTSMARTIAL
109. Objections.__(1) At all trials by courtsmartial, as soon as this court is assembled, the names
of the president and members shall be read over in the presence of the accused, who shall thereupon
be asked whether he objects to being tried by any officer sitting on the court.
(2) If the accused objects to any such officer, his objection, and also the reply thereto of the
officer objected to, shall be heard and recorded, any the remaining officers appointed as members of
the court shall, in the absence of the challenged officer, decide on the objection.
1 Subs. by F.A.O., 1975, Art.2 and Table, for “Central Government”.
2 Ins. by the Pakistan Navy (Amdt.) Ordinance, 1984 (37 of 1984), s. 17.
3 Added ibid.
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