42. Suspension of rules on the ground of the exigencies of the service or the necessities of discipline. -Where it appears to the officer convening a court-martial, or to the senior officer on the spot, that exigencies of the service or the necessities of discipline render it impossible or inexpedient to observe any of the provisions of rule 24 sub-rule (4), sub-rule (5), sub-rule (6) and sub-rule (7) and of rules 25, 39 and 40 he may, by order under his hand, make a declaration to that effect specifying the nature of such exigencies or necessities, and thereupon the trial or other proceedings shall be as valid as if the rule mentioned in such declaration had not been contained herein; and the declaration may be made with respect to all or any of the provisions of the rules aforesaid mentioned: Provided that the accused shall have full opportunity of making his defence, and shall be afforded every facility for preparing it which is practicable, having due regard to the said exigencies or necessities.
|