SC ruling on 5th Amendment today
Tuesday, 2 February 2010
The Supreme Court (SC) has set today (Tuesday) for an order on two petitions against the repeal of the Fifth Amendment, reports bdnews24.com.
A full six-member bench, led by Chief Justice Tafazzul Islam, set the date Monday.
BNP secretary general Khandaker Delwar Hossain and three pro-Jamaat-e-Islami Supreme Court lawyers - Munshi Ahsan Kabir, Tajul Islam and Kamruzzaman Bhuiyan - filed the two petitions seeking a stay on the 2005 High Court judgment that declared the Fifth Amendment illegal.
The Fifth Amendment was meant to provide constitutional legitimacy to the governments in power - military or otherwise - following the 1975 assassination of the nation's founding father Bangabandhu Sheikh Mujibur Rahman.
The High Court gave its ruling on the Fifth Amendment in August 2005 in response to a petition challenging the legality of the Martial Law Regulation of 1977.
In the ruling, it declared three illegal regimes between August 15, 1975 and 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 1991 national elections were unconstitutional.
A full six-member bench, led by Chief Justice Tafazzul Islam, set the date Monday.
BNP secretary general Khandaker Delwar Hossain and three pro-Jamaat-e-Islami Supreme Court lawyers - Munshi Ahsan Kabir, Tajul Islam and Kamruzzaman Bhuiyan - filed the two petitions seeking a stay on the 2005 High Court judgment that declared the Fifth Amendment illegal.
The Fifth Amendment was meant to provide constitutional legitimacy to the governments in power - military or otherwise - following the 1975 assassination of the nation's founding father Bangabandhu Sheikh Mujibur Rahman.
The High Court gave its ruling on the Fifth Amendment in August 2005 in response to a petition challenging the legality of the Martial Law Regulation of 1977.
In the ruling, it declared three illegal regimes between August 15, 1975 and 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 1991 national elections were unconstitutional.