Proclamations under the Martial Law

 

Proclamations
under the Martial Law

 

Proclamation
of the Martial Law—Promulgated On 25.3.69: (read with E.P. Disturbed Persons
Reh. Ord.)

Art. 5: Section
1(4) of the Ordinance providJ that the E.P. Disturbed Persons (Reh) Ordinance
will remain in force upto the 31st March, 1969. Martial Law abrogated the 1962
Constitution and sequent1y by Art. 5 of the Proclamation nu1gatcd on 25th
March, 1969, preserved all laws in force immediately before the making of the
promulgation—Promulgation under Art. 5 will keep alive the Ordinance upto the
date of its expiry as incorporated in the Ordinance but not beyond that.

Mrs. Hasina
Rahman Vs. Babu Nripendra Kumar Roy Chowdhury (1969) 21 DLR 442.

 

—Art. 5: An
Ordinance which was in force immediately before the abrogation of the
Constitution shall continue to be in force by reason of Article 5(a) of the
Proclamation and such Ordinance will not be subject to requirement laid down.

Mrs. Hasina
Rahman Vs. Babu Nripendra Kumar Roy Chowdhury (1969) 21 DLR 614.

 

—Art. 5: Ordinance
which was in force be in force the proclamation will continue to be in force in
view of article 5 of the Proclamation. But Article 5 cannot keep an Ordinance
alive beyond the date of expiry dcclarcdby the Ordinance.

Mrs. Hasina
Rahman Vs. Babu Nripendra Kumar Roy Chowdhury (1969) 21 DLR 614.

 

—Proclamation of the Martial Law under
Article 5 can keep alive the Ordinance upto the date of its expiry, if any,
incorporated in the Ordinance but not beyond that.

Mrs. Hasina
Rahman Vs. Babu Nripendra Kumar Roy Chowdhury, (1969) 21 DLR 442.

 

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