Act/Law wise: Judgment of Supreme Court of Bangladesh

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Proclamation of Withdrawal of Martial Law, 1986
Section/Order/Article/Rule/Regulation Head Note
Article 5

Disposal of review application: Para IA of the repealed MLO 9 created a right in the aggrieved person to file a review petition—the word 'may' in the context of an order made under the MLO ought to be read as "shall"—CMLA is bound to consider and dispose of review application which has been filed to him. General Clauses Act (X of 1897) has been made applicable to the Martial Law Orders by reason of para 19(9) of the 4th Schedule to the Constitution enacted by the Constitution (Seventh Amendment) Act, 1986—Under the proclamation of Withdrawal of Martial Law, MLO No. 9 was repealed but the remedy of review provided under MLO 9 survived. •It· is obvious that unless some provision was made for disposal of cases awaiting review the effect to the Proclamation could not be fully given. In order to harmonise the effect of repeal of the MLO with the operation of the Proclamation of Withdrawal of Martial Law, in the circumstances as in the present case, provision has been rightly made in para 5 of the Proclamation enabling the President to make an order where necessary. Principal Secretary vs Mahtabuddin Ahmed 42 DLR (AD)214. ....View Full Judgment