Friday, 19 April 2019

323

it is argued that the Tatmadaw has no right to sue a person for violating the section 505(b) of the penal code since the Tatmadaw is not interpreted as ႏို္င္ငံေတာ္ in the section 47 of the constitution. One missing point here is that the section 47 just refers to the term ႏိုင္ငံေတာ္ mentioning ONLY in the chapter 8 of the constitution.
but still, there is room for reconsideration.
The section 323 allows the court to stay the trial and submit its opinion to the tribunal for its decision whether the said provision of the law contradicts or conforms to the constitution.
just food for thought
I am not a legal professional.


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