(l) Upon a Force Court assembling, the Court shall, before beginning the trial, satisfy itself in closed Court:-
(a) that the Court has been convened in accordance with the Act and these rules;
(b) that the Court consists of not less than the minimum number of officers required by law;
(c) that the members are of the required rank;
(d) that the members have been duly appointed and are not disqualified under the Act;
(e) that if there is a Judge Attorney, he has been duly appointed:
(f) that the accused appears, from the charge-sheet, to be subject to the Act and to be subject to the jurisdiction of the Court ( and )
(g) that each charge is correct in law and framed in accordance with these rules.
(2)(a) Where a vacancy occurs through a member of the Court being disqualified under the Act, or being absent when the Court assembles, the presiding officer may appoint a duly Qualified waiting member to fill that vacancy.
(2) (a) Where a vacancy occurs through a member of the so require, substitute a duly qualified waiting member for a member appointed by the convening officer.
27
(3) If the Court is not satisfied on any of the matters mentioned in sub-rule (1) and is not competent to rectify such matter itself under the Act or these rules, if shall, before commencing the trial, report thereon to the convening officer.
(4) When the Court has complied with this rule and is ready to proceed with the trial, the presiding officer shall open the Court and the trial shall begin.
68. Commencement of Trial--(1) The order convening the Court and the names of the officers appointed to try the accused shall be read in the hearing of the accused who shall be given an opportunity to object to any of those officers in accordance with the provisions of section 96.
(2) When a Court is to try more than one accused whether separately or jointly, each accused shall be given an opportunity to object to any officer on the Court in accordance with sub rule (1) and shall be asked separately whether he has any such objection.
(3) An accused shall state the names of all the officers to whom he objects before any objection is disposed of.
(4) If more than one officer is objected to, the objection to each officer shall be disposed of separately and the objection to the lowest in rank shall be disposed of first.
(5) An accused may make a statement and call any person to make a statement in support of his objection.
(6) An officer to whom the accused has objected may state in open Court anything relevant to the objection of the accused whether in support or in rebuttal thereof.
(7) An objection to any officer shall be considered in closed Court by all the other officers on the Court and the officer objected to shall not be present at that time.
(8) When an objection to an officer is allowed under subsection (3) of section 96 that officer shall forthwith retire and take no further part in the proceedings.
(9) When an officer objected to retires and there is duly qualified waiting member in attendance, the presiding officer shall immediately appoint him to take the place of the officer who has retired.
(l0) The Court shall satisfy itself that a waiting member who takes the place of a member of the Court is of the required rank and not disqualified under the Act and shall give the accused an opportunity to object to him and shall deal with any such objection in accordance with the Act and these rules.
(11) If as the result of the allowing of an objection to a member there are insufficient officers available to form a Court in compliance with the provisions of the Act, the Court shall report to the convening officer without proceeding further with the trial and the convening officer may either appoint an officer as a member to fill the vacancy or convene a fresh Court to try the accused.