FIFTH AMENDMENT
Appellate Division's verdict published
Appellate Division's verdict published
Dhaka, July 27 (bdnews24.com) -- The highest appeals court's verdict on two petitions, seeking to challenge the repeal of the Fifth Amendment to the constitution, has been published.
The six-member full bench of the Appellate Division, headed by former chief justice Mohammed Tafazzul Islam, published the verdict on Tuesday evening after a long meeting.
On Feb 2, the bench dismissed the petitions after six days of hearings that began on Jan 19.
It said in the rejection, "Petitions are dismissed with modification and observation."
Law minister Shafique Ahmed told reporters after that ruling that the order laid the foundation for reviving the spirit of the independence war which was at the core of the country's constitution.
Regarding the amendment to the constitution, he had said they would take measures after receiving the copy of the order.
The Fifth Amendment was meant to provide constitutional legitimacy to the governments in power — military or otherwise — following the 1975 assassination of the founding president Sheikh Mujibur Rahman.
But the High Court gave a ruling in August 2005, declaring the Fifth Amendment illegal, in response to a petition challenging the legality of the Martial Law Regulation of 1977.
In its ruling, the High Court declared illegal three regimes between August 15, 1975 and February 1979, headed by Khandaker Mushtaque Ahmed, Abu Sa'dat Mohammad Sayem and Ziaur Rahman.
The ruling exempted certain measures of those regimes initiated for public welfare. But the court in its judgment said all the changes in government from August 15, 1975 right up to the national elections of 1991 were unconstitutional.
The present Awami League-led government's withdrawal from a petition made by the previous BNP-led regime, against the High Court ruling, prompted the two petitions by BNP secretary general Khandaker Delwar Hossain and three pro-Jamaat-e-Islami lawyers last month.
The court said that by rejecting the two leave petitions, "We are completely disapproving military rule and stay of constitution. Those involved in these illegal acts should be trialled and criticised so that in the future, no over-eager or illegal power usurper can show the impudence to remove the people's constitution and the government they have elected.
It also said in the verdict, "Even though the parliament can implement a law for this, we are saying goodbye forever to all actions outside the constitution."
The six-member full bench of the Appellate Division, headed by former chief justice Mohammed Tafazzul Islam, published the verdict on Tuesday evening after a long meeting.
On Feb 2, the bench dismissed the petitions after six days of hearings that began on Jan 19.
It said in the rejection, "Petitions are dismissed with modification and observation."
Law minister Shafique Ahmed told reporters after that ruling that the order laid the foundation for reviving the spirit of the independence war which was at the core of the country's constitution.
Regarding the amendment to the constitution, he had said they would take measures after receiving the copy of the order.
The Fifth Amendment was meant to provide constitutional legitimacy to the governments in power — military or otherwise — following the 1975 assassination of the founding president Sheikh Mujibur Rahman.
But the High Court gave a ruling in August 2005, declaring the Fifth Amendment illegal, in response to a petition challenging the legality of the Martial Law Regulation of 1977.
In its ruling, the High Court declared illegal three regimes between August 15, 1975 and February 1979, headed by Khandaker Mushtaque Ahmed, Abu Sa'dat Mohammad Sayem and Ziaur Rahman.
The ruling exempted certain measures of those regimes initiated for public welfare. But the court in its judgment said all the changes in government from August 15, 1975 right up to the national elections of 1991 were unconstitutional.
The present Awami League-led government's withdrawal from a petition made by the previous BNP-led regime, against the High Court ruling, prompted the two petitions by BNP secretary general Khandaker Delwar Hossain and three pro-Jamaat-e-Islami lawyers last month.
The court said that by rejecting the two leave petitions, "We are completely disapproving military rule and stay of constitution. Those involved in these illegal acts should be trialled and criticised so that in the future, no over-eager or illegal power usurper can show the impudence to remove the people's constitution and the government they have elected.
It also said in the verdict, "Even though the parliament can implement a law for this, we are saying goodbye forever to all actions outside the constitution."
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