(a) issue a convening order in the appropriate Form set out in Appendix-VII;
(b) direct upon what charges the accused is to be tried and ensure that the accused has been remanded , trial by a Court upon these charges, by his commanding Officer;
(c) if he is of the opinion that charges shall be put in separate charge sheets, so direct and shall also direct the order in which they are to be tried;
(d) direct, if there is more than one accused whether the accused are to be tried jointly or separately;
(e) appoint members of the Court and any waiting members;
(f) If convening a General Force Court, or a Petty Force Court which he considers should be attended by a Judge Attorney, take action the necessary steps to procure the appointment of Judge Attorney by or on behalf of the Judge Attorney-General and may also appoint an officer to be under his instructions at the trial;
(g) appoint an officer, subject to the Act or a counsel assigned by such an officer to prosecute:
Provided that the convening officer may appoint more than one such officer or counsel to prosecute if he thinks fit;
(h) appoint an interpreter wherever necessary;
(i) send to the senior member the charge-sheet, the convening order and a copy of the record or abstract of evidence from when any evidence which in his opinion would be inadmissible at the trial, has been expurgated;
(j) forward to each member of the Court and to each waiting member a copy of charge sheet and the convening order;
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(k) forward to the prosecutor copies of the charge-sheet and convening order and the original record or abstract of evidence together with an unexpurgated copy thereof showing the passages (if any) which have been expurgated in the copy sent to the senior member;
(1) forward to the Judge Attorney (if any) copies of the charge sheet and convening order and an unexpurgated copy of the record or abstract of evidence showing the passages (if any) which have been expurgated in the copy sent to the senior member;
(m) ensure that the Commanding Officer has summoned all the prosecution witnesses and such defence witnesses as the accused may have requested to be summoned under rule 66.
65. Preparation of defence by the accused--(l) An accused, who has been remanded for trial, shall be afforded proper opportunity for preparing his defence and shall be allowed proper communication with his defending officer or counsel and with his witnesses.
(2) A defending officer, as far as possible of the choice of the accused, shall be appointed to defend an accused who has been remanded for trial unless the accused states in writing that he does not wish such an appointment to be made.
(3) If the prosecution is to be undertaken by a legally qualified officer or by a counsel the accused shall be notified of this fact in sufficient time to enable him, if he so desires, to make arrangements for a legally qualified officer or counsel to defend him.
(4) As soon as practicable After a decision has been taken to place the accused on trial and in any case not less than four days before his trial he shall be given:
(a) a copy of the charge-sheet;
(b) an unexpurgated copy of the record or abstract of evidence showing the passages (if any) within, which have been expurgated in the copy sent to the senior member;
(c) notice of any additional evidence which the prosecution intends to adduce; and
(d) if the accused so requires, a list of the ranks, names, and units of the members who are to form the Court and of any waiting members.
(5) When an accused is given a copy of the charge-sheet and of the record or abstract of evidence in accordance with this rule, he shall:
(a) have the charge explained to him; and
(b) be informed that, upon his making a written request to his Commanding Officer not less than twenty four hours before his trial requiring the attendance at his trial of a witness (other than a witness for the prosecution) whom he desires to call in his defence (such witness to be named by him), reasonable steps will be taken in accordance with these rules to procure the attendance of any such witness at his trial.
(6) The provisions of sub-rules (2) and (3) shall not apply in relation to a trial before a Summary Force Court and in relation to such a trial the period of four days referred to in sub-rule (4) shall be construed as twenty four hours.
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(66) Summoning of Defence Witnesses.--(l) Subject to the provisions of sub-rules (2) and (3), the Commanding Officer shall, on a request made in this behalf by the accused, summon such witnesses as are specified by the accused.
(2) Where the Commanding Officer is satisfied that the evidence to be given by any witness is not likely to be of material assistance at the trial, he may refuse to summon such witness and while doing so shall record in writing the reasons for not calling the witness.
(3) The Commanding Officer may, before summoning any witness, require the accused to defray or undertake to defray the cost of attendance of such witness and if the accused refuses to defray or undertake to defray the cost aforesaid, the Commanding Officer may refuse to procure the attendance of that witness.
(4) Where the Commanding Officer has refused to summon the witness under sub-rule (2) or sub-rule (3), the accused may make an application to the Court for the summoning of such witness and the Court may, if it considers it to be expedient in the interests or justice, order the summoning of such witness and, if necessary, adjourn the proceedings for the attendance of such witness. For summoning witnesses, summons as per Form given in appendix XV shall be issued.
CHAPTER IX PROCEDURE FOR GENERAL AND PETTY FORCE COURTS