Martial Law Regulation No. 11 of 1975
was pending before Summary Martial Law Court—After withdrawal of Martial Law
the Criminal Court is to proceed with the trial afresh—As the proceeding was
pending before the Summary Martial Law Court where certain witnesses were
examined and after withdrawal of Martial Law the Divisional Special Judge was
required under the law to proceed with the trial afresh but he disposed of the
case on the evidence recorded by the Summary Martial Law Court without adopting
such evidence and noticing that the Court of Special Judge was not a succeeding
Court of Martial Law Court, the trial Court committed gross illegality in
disposing of the case on the evidence recorded by the Summary Martial Law Court
which cannot be sustained and the case was sent back to the Divisional Special
Judge for holding fresh trial.
Rahman vs State 1 BLC 135.