MARTIAL LAW REGULATION NO. 11 OF 1975

Case 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.

Saidur Rahman vs State 1 BLC 135.

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