136
word
‘condone’
also
extends
to
‘approval’
or
‘acceptance’. So, this court willingly and carefully
approved these clauses to be retained in article 96
for the interest of justice, particularly for the
independence of judiciary on the reasoning that these
provisions are more transparent procedures than the
earlier ones. That is to say, the procedure entailed
in the Supreme Judicial Council is more in consonance
with
the
spirit
Accordingly,
assigning
of
this
our
court
reasons.
We
constitutional
approved
hold
the
the
view
scheme.
amendment
that
by
by
the
impugned amendment, the independence of judiciary has
been undermined and curtailed by making the judiciary
vulnerable to a process of removal by the Parliament.
In this connection, learned Attorney General has
given emphasis that a martial law provision should
not be kept and preserved in a document like the
constitution particularly when the court itself has
not permanently condoned it. We are not persuaded by
the
submission
firstly,
because
of
it
the
is
learned
Attorney
not
only
the
General,
martial
law
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