Section 135 of AA 1950 : Section 135: Summoning Witnesses

Explanation using Example

Imagine a situation where a member of the military is accused of misconduct and a court-martial is convened to investigate the matter. The presiding officer of the court-martial believes that a fellow soldier has crucial information that could influence the outcome of the case.

The presiding officer issues a summons under his authority, commanding the fellow soldier to attend the court-martial and testify. Since the witness is subject to military authority, the summons is sent to his commanding officer, who then ensures that the soldier receives the summons and understands the obligation to appear.

If the required witness was a civilian with potential evidence, such as a local vendor who sold goods to the accused, the summons would be forwarded to the civilian magistrate in the area where the vendor resides. The magistrate would then be responsible for ensuring that the vendor appears at the court-martial as directed.

Additionally, if the case involves a specific document, like a receipt from the vendor that could prove the time and place of the accused's whereabouts, the summons would clearly describe the receipt to ensure the vendor brings the exact document needed for the proceedings.