135
by the Second Proclamation (Tenth Amendment) Order,
1977 providing the procedure for removal of Judges of
the Supreme Court by the Supreme Judicial Council in
the manner provided therein instead of earlier method
of removal.
This
court
while
condoning
these
clauses
of
article 96 in the Fifth Amendment case observed that
the ‘substituted provisions being more transparent
procedure than that of the earlier ones and also
safeguarding
independence
of
judiciary,
…..”
The
language used therein is so clear and unambiguous
that this court saved clauses (2), (3), (4), (5), (6)
and (7) of article 96 not only for the interest of
justice, but also for the independence of judiciary
on assigning reasons. The word ‘condone’ according to
the
Chamber’s
forgive;
to
Dictionary,
pass
over
10th
without
Edition,
blame;
is
to
overlook
intentionally; to excuse. According to Concise Oxford
English Dictionary, 10th Edition, the word ‘condone’
includes
accept
or
forgive;
approve
or
sanction,
especially reluctantly. Therefore, the meaning of the
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