From: farida_majid@hotmail.com
To: alochona@yahoogroups.com
Subject: RE: [ALOCHONA] News of HOPE! --be fully prepared to face noisy, nasty resistance
Date: Tue, 12 May 2009 17:38:11 -0400
Sentimentalization of "bismillah" on the Constitution has begun just as I aprehended. Anyone with eyes to read and understand plain English would not have asked the following question: Why "Bismillah" is a problem for you?
Please, can I invite all, yes, ALL of us to put a little effort and improve our understanding of this important issue?
No single political party -- Awami League, BNP, or whatever -- can or should keep "bismillah" in the Constitution or expel it. By the same token, its inclusion in the constitution by a Military Dictator's whim was illegal.
However, "bismillah" is staying for the moment, as the Law Minister indicated, not because of the AL goodness of the heart. The act of including "bismillah" was done out side the legal realm covered by the Fifth Amendment,1979. The present action is to activate (dismiss the stay order) the High Court Judgment on 29th August, 2005 -- a response to the Writ Petition # 6016/2000, Italian Marble Co. - Moon Cinema Hall.
This Judgment called for a repeal of Fifth Amendment that was passed under the clout of Martial Law in 1979 and all 'illegal acts' that subsequently validated the usurpation of power. The Fifth Amendment, 1979, not only changed "the basic structure as well as the character of the Constitution in its totality, but rather, uprooted the Constitution; it was no amendment in the eye of law, but destruction of the Constitution altogether, as such ultra vires to the Constitution."
The above is a direct quote from the Judgment issued on the Moon Cinema Hall case in 2005 by the bench consisting of Mr. Justice ABM Khairul Haque and Mr. Justice ATM Fazle Kabir.
Anyone can check the authenticity of the quote. It was one of the most masterful Judgments isued by the judiciary in the short history of Bangladesh.
Farida Majid
To: alochona@yahoogroups.com
From: qrahman@netscape.net
Date: Fri, 8 May 2009 01:44:43 -0400
Subject: Re: [ALOCHONA] News of HOPE! --be fully prepared to face noisy, nasty resistance
Ms Majid,
Why "Bismillah" is a problem for you?
FYI, Awami League is keeping it.
Now I'll share some good news. Jamaat took your idea and removed it
from their party constitution.
What's next?
Let me give you some food for thought. The word "Awami" came from Urdu.
Let me see how you can "Update" it.
Apparently Jamaat is more "Flexible" about these "Minor" issues as long
it takes them to haven AKA "Power".
My bet is Jamaat will give in first.
Good luck.
-qar
Hotmail® goes with you. Get it on your BlackBerry or iPhone.
Hotmail® has a new way to see what's up with your friends. Check it out.
__._,_.___
[Disclaimer: ALOCHONA Management is not liable for information contained in this message. The author takes full responsibility.]
To unsubscribe/subscribe, send request to alochona-owner@egroups.com
Your email settings: Individual Email|Traditional
Change settings via the Web (Yahoo! ID required)
Change settings via email: Switch delivery to Daily Digest | Switch to Fully Featured
Visit Your Group | Yahoo! Groups Terms of Use | Unsubscribe
Change settings via the Web (Yahoo! ID required)
Change settings via email: Switch delivery to Daily Digest | Switch to Fully Featured
Visit Your Group | Yahoo! Groups Terms of Use | Unsubscribe
__,_._,___