| 2. | Addition of new Article 212-A in the Constitution.
In the Constitution, in Part VII, after Article 212, the following new Article shall be added, namely:-
| "212A | Establishment of Military Courts or Tribunals.
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(1)
| Notwithstanding anything herein before contained, the Chief Martial Law Administrator may, by a Martial Law Order, provide
for the establishment of one or more Military Courts or Tribunals for the trial of offences punishable under the Martial Law
Regulations or Martial Law Orders or any other law, including a special law, for the time being in force specified in the
said Martial Law Order and for the transfer of cases to such Courts or Tribunals. |
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(2)
| The jurisdiction and powers of a Military Court or Tribunal shall be such as may be specified in a Martial Law Order issued
by the Chief Martial Law Administrator. |
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(3)
| Notwithstanding anything herein before contained, where any Military Court or Tribunal is established, no other Court, including
a High Court, shall grant an injunction, make any order or entertain any proceedings in respect of any matter to which the
jurisdiction of the Military Court or Tribunal extends and of which cognizance has been taken by, or which has been transferred
to, the Military Court or Tribunal and all proceedings in respect of any such matter which may be pending before such other
Court, other than an appeal pending before the Supreme Court shall abate." |
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