MLR NO. 1 OF 1982

 

MLR
NO. 1 OF 1982

 

Regulation No—3

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

Ref:
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.