It considers the independence of the Judiciary in Bangladesh both before and after the imposition of Martial Law in 1975, and the restrictions imposed on the powers and jurisdiction of the Judiciary by the Martial Law regime, and discusses the nature of the fundamental rights guaranteed by the 1972 Constitution of Bangladesh, including constitutional provisions relating to their enforcement and suspension during a proclamation of emergency. Chapter VI describes the definition and importance of the 'independence of the Judiciary'. It attempts to ascertain the number of persons executed in the aftermath of the two abortive coups of 1977. Chapter V deals with the provisions relating to the constitution, power and jurisdiction, and procedure of the Special Martial Law Tribunal and Martial Law Tribunals, and examines the trial of the conspiracy case by the Special Martial Law Tribunal and the functioning of Martial Law tribunals. It then looks into the implications of such transfers, and uncovers the number of persons convicted and acquitted by the Martial Law courts and examines certain cases tried by them. It discloses the number of cases transferred arbitrarily from ordinary courts to Martial Law courts, and from one Martial Law court to another. Chapter IV deals with the establishment and composition of the Martial Law courts. Chapter III examines the basic provisions relating to the constitution, powers and jurisdiction, and procedure of Martial Law courts. The various Martial Law Regulations creating offences are discussed. It examines the impact of the various coups upon the discipline of the armed forces, and deals with the structure of the Martial Law administration and the civilianisation of government and the withdrawal of Martial Law. Chapter II considers the legality and justification of the Proclamation of Martial Law in Bangladesh in 1975, the legality of the assumption of the office of President by Khandaker Moshtaque Ahmed, the position of the 1972 Constitution and other laws after the declaration of Martial Law. The nature of Martial Law courts is considered, and the history of the promulgation of Martial Law in the Indian subcontinent is outlined. The role of the doctrine of 'necessity' in the promulgation and continuation of Martial Law, and in the justification of all measures taken under Martial Law are examined. It examines the various uses of the term 'Martial Law' and the controversies which have arisen as to the basic character of Martial Law. The introductory chapter traces the birth and constitutional and political development of Bangladesh before the proclamation of Martial Law in August 1975. The primary object of this thesis is to offer a legal analysis of Martial Law in Bangladesh, 1975-1979.
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