Law: Martial Law Order, 1977

Section: 9, 3(1)

(a) Martial Law Order, 1977 [M. L. A. Zone C] No. 9, para. 1--Transfer of cases from civil Courts to Military Courts-M.L.O. No. 9 merely provides for traffic offences involving death to be tried by a Military Court but makes no provision for transfer of cases from a civil Court to a Military Court-Nor does such order invest Military Courts with exclusive jurisdiction to try all traffic offences involving death. (Transfer of cases). (b) Martial Law Order, 1977 [M.L.A. Zone C] No. 9, para. I read with Martial Law Order, 1977 [C.M.L.A.'s] No. 4, para. 3(l) [as amended by Martial Law Order, 1978 [C.M.L.A.'s] No. 37]-Transfer of cases from civil Courts to Military Courts --Can be ordered by Zonal Martial Law Administrator in case of being satisfied as to such transfer being necessary for maintenance of law and order or public tranquillity or for expeditious disposal of any case in public interest-Impugned order of transfer of case making no reference to any delay in disposal of case or it being in public interest to make such order of transfer-Reasons given for transfer of case being that accused petitioner's father being ex-Home Secretary could in view of his position tamper with evidence and Investigation Officer as well as Doctor attending on victim of accident failed in their duty-Transfer order having not been passed for any of reasons stated in- M.L.O. No. 4, impugned orders, held, without legal force and liable to be set aside.-[Transfer of case]. (c) Martial Law Order, 1977 [M. L. A. Zone C] Para. I read with Martial Law Order, 1977 [C.M.L.A.'s] No. 4, para. 3 (1) [as amended by Martial Law Order, 1978 [C.M.L.A.'s] No. 37]-Martial Law Order, 1977 [M.L.A. Zone C]-Held, inconsis tent with Martial Law Order, 1977 [C.M.L.A.'s] No. 4 as amended by Martial Law--Order, 1,977 [C.M.L.A.'s] No. 37-Latter orders making detailed provisions for transfer of cases from ordinary Courts to Military Courts, order of transfer, held, to be deemed as passed under M.L.O. 4 as amended by M.L.O. 37.-[Transfer of cases]. Dates of hearing : 4th and 5th February, 1979.                        …