The term ‘very’—what signifies?
The term ‘vary’ used in the regulation implies an authority to change the judgment and order under review by modification or even by substitution or by qualification or otherwise.
A review of the proceedings of a Martial Law Court is an essential part of the original proceeding which is unknown to the ordinary procedure of trial of criminal cases as under the Code of Criminal Procedure, 1898.
Any attempt to measure the extent or limit of the power of review with reference to the appellate or revisional powers exercisable under the Code will be misleading. The extent and limit of the said power will have to be determined by examining
the terms of the regulations.
A judgment, sentence or order of a Martial Law Court is merely tentative in nature so long it is not reviewed and an accused can not be said to have derived any vested right from such an order or judgment. All proceedings of the Special Martial Law Courts (as in the present cases) were to be submitted to the C.M.L.A. for review.
Upon a plain reading of the regulation, it can not be doubted that the reviewing authority, among others, has the power to ‘vary’ a judgment, even if it is of acquittal. The word ‘vary’ in regulation 3(4) includes the power to convert a judgment/order of acquittal into one of conviction.
Helaluddin Ahmed @ Swapan Vs. Bangladesh and others 13BLD(AD)17
43 D.L.R.(AD) 104; 33D.L.R.(1981) 233 and 358; 92 Commonwealth Law Reports,526(528); 33D.L.R.(AD) 154; PLD 1973 (SC)49; PLD 1974(SC) 51; PLD 1989 (SC) 26; 32 DLR(AD)1 10—Cited.