149
judicial verdict and observed that in doing so; the
court can modify or even dismantle a legislation in
the
interest
of
justice.
The
court
in
such
circumstances did not subscribe to the notions that
all
acts
of
the
usurpers
are
illegal
and
illegitimate. The court took into consideration of
the
acts,
things,
legislative
actions
which
are
useful or which acts, things, deeds tend to advance
or promote the need of the people or all acts, things
and
deeds
ordinary
things,
which
are
functioning
deeds
and
required
to
of
State
the
legislative
be
done
or
matters
for
the
the
acts,
which
would
augment the independence of judiciary and welfare of
the people etc. This had been done in Pakistan as
well as in Bangladesh.
Therefore, we are unable to accept the emotional
submission of the learned Attorney General regarding
non-retention of a provision of a martial law regime
in the constitution.
In the Fifth Amendment case, this court approved
clauses (2), (3), (4), (5), (6) and (7) of article 96
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