(5) Where a finding is altered or substituted under clause (iv) or clause (vi) of subsection (3), the
court of appeals may pass such sentence as is authorized by this Ordinance or it may substitute the
sentence by any other sentence provided by this Ordinance in respect of the substitute finding :
Provided that no order under this subsection shall be made to the prejudice of the accused unless
he has been afforded an opportunity of being heard either personally or by his defending officer or his
counsel.
(6) The decision of the court of appeals shall be finall and shall not be called in question before
any court or other authority.]
139. Saving of functions of Judge AdvocateGeneral. Nothing in this Chapter shall affect the
powers and functions of the Judge AdvocateGeneral in relation to the naval tribunals including his
functions of considering and reporting on the proceedings of such tribunals.
140. Bar of appeals. No court shall question the correctness, legality or propriety of any
proceeding, order, finding or sentence of any naval tribunal, and no appeal, revision or other remedy
shall lie in respect of any such proceeding, order, finding or sentence save in accordance with the
provisions of this Ordinance.
CHAPTER XIII.__EXECUTION OF SENTENCES
1[141. Form of sentence of stoning to death and death.__ (1)In awarding a sentence of stoning
to death, a courtmartial shall direct that the sentence shall be executed in the manner provided for in
the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (VII of 1979).
(2) In awarding a sentence of death, a courtmartial shall, in its discretion, direct that the offender
shall suffer death by being hanged by the neck until he be dead, or shall suffer death by being shot to
death.]
142. Commencement of sentence of imprisonment or detention. The term of a sentence of
imprisonment or detention under this Ordinance, whether the sentence has been revised or not, shall
be��reckoned as com mencing on the day on which the sentence is signed by the president of the court
martial or the officer trying the case.
143. Execution of sentence of imprisonment. The officer who con firms the sentence or such
other officer as may be prescribed, may direct that the sentence of imprisonment in any particular
case shall be carried out by confinement in a civil prison or by confinement in a military, naval or air
force prison , and the commanding officer of the person under sentence or such other officer as may
be prescribed, shall forward a warrant in the prescribed form to the officer in charge of the prison in
which the person is to be confined, and shall forward him to such prison with the warrant :
1 Subs. by the Pakistan Navy (Amdt.) Ordinance, 1984 (37 of 1984), s. 22, for section 141.
Page 60 of 76