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Tuesday, July 27, 2010

[ALOCHONA] Judgment of Appealate Division [1 Attachment]

[Attachment(s) from kazi Mohammad Ismail included below]

salam

pls see the attachment for full judgment.

the sum-up of the judgment is as follows:-

ons are made as under:
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(a) all executive acts, things and deeds done and actions taken during the period from 15th August 1975 to 9th April, 1979 which are past and closed;
(b) the actions not derogatory to the rights of the citizens;
(c) all acts during that period which tend to advance or promote the welfare of the people;
(d) all routine works done during the above period which even the lawful government could have done.
(e) (i) the Proclamation dated 8th November, 1975 so far it relates to omitting Part VIA of the Constitution;
(ii) the Proclamations (Amendment) Order 1977 (Proclamations Order No. 1 of 1977) relating to Article 6 of the Constitution.
(iii) the Second Proclamation (Seventh Amendment) Order, 1976 (Second Proclamation Order No. IV of 1976) and the Second Proclamation (Tenth Amendment) Order, 1977 (Second Proclamation Order No. 1 of 1977) so far it relates to amendment of English text of Article 44 of the Constitution;
(iv) the Second Proclamation (Fifteenth Amendment) Order, 1978 (Second Proclamation Order No.IV of 1978) so far it relates to substituting Bengali text of Article 44;
(v) The Second Proclamation (Tenth Amendment) Order, 1977 (Second Proclamation Order No. 1 of 1977) so far it relates to inserting Clauses (2), (3), (4), (5), (6) and (7) of Article 96 i.e.
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provisions relating to Supreme Judicial Council and also clause (1) of Article 102 of the Constitution, and
(f) all acts and legislative measures which are in accordance with, or could have been made under the original Constitution.
While dismissing the leave petitions we are putting on record our total disapproval of Martial Law and suspension of the Constitution or any part thereof in any form. The perpetrators of such illegalities should also be suitably punished and condemned so that in future no adventurist, no usurper, would dare to defy the people, their Constitution, their Government, established by them with their consent. However, it is the Parliament which can make law in this regard. Let us bid farewell to all kinds of extra constitutional adventure for ever.




Attachment(s) from kazi Mohammad Ismail

1 of 1 File(s)


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