(1) As soon as a superior officer receives an application for convening a court, he shall scrutinise the charge and the evidence against the accused, where necessary in consultation with the 3[***] Law Officer and he:
(i) shall direct the Commandant to dismiss the charge where the evidence against the accused is insufficient and further evidence is not likely to be available and may direct him to do so if he considers it inadvisable to proceed with the trial; or
(ii) may return the case to Commandant for being tried by a Summary Security Force Court or being dealt with summarily if he considers that the same can be adequately so tried or dealt with; or
(iii) 2[may return the case for recording further evidence, if he considers the evidence recorded insufficient but considers that further evidence may be available; or
(iv) may dispose of the case administratively under chapter IV of these rules if competent to do so, or refer it to the competent authority for disposal, where he is of the opinion that the charge against a person is serious but the trial by Security Force Court is inexpedient or not reasonably practicable for the reasons to be recorded in writing; or
1. Subs by SO 329(E) dated 29th April 1981.
2. Subs by SO 2628(E) dated 25th Nov 2011.
3. Omitted by SO, 1757(E) dated 19 April’2017.
BSF RULES 108
(v) may, after recording the reasons, dispose of the case administratively under chapter XIV A of these rules if competent to do so, or refer it to the competent authority for disposal, where he is of the opinion that the charge against the officer or the subordinate officer, as the case may be, does not deserve to be dismissed but also not so serious as to warrant trial by a Security Force Court.]
(2) (a) In any other case he may either himself convene a Court or if he considers that a higher type of Court should be convened and he is not empowered to convene such a Court, forward the case to a higher authority with recommendation that such Court may be convened.
(b) The higher authority on receiving the case may exercise any of the powers given in sub-rule (1) of this rule:
Provided that a superior officer or higher authority before convening a General Security Force Court or a Petty Security Force Court 1[***] shall take the advice of the Chief Law Officer or a Law officer.
Provided further that the superior authority or higher authority while convening a Court may reframe the charge sheet on which the accused is to be tried.