SC allows BNP secy-gen to file fresh appeal

HC verdict on 5th amendment
The Appellate Division of the Supreme Court (SC) yesterday granted permission to BNP secretary general Khandaker Delwar Hossain and three other lawyers for filing fresh leave-to-appeal petitions within four weeks against the High Court (HC) judgement that had declared illegal the 5th amendment to the Constitution.
The seven-member full bench of the Appellate Division headed by Chief Justice MM Ruhul Amin passed the order after hearing both sides upon two separate petitions submitted by the BNP secretary general and Supreme Court lawyers Munshi Ahsan Kabir, Tajul Islam and Kamruzzaman Bhuiyan.
The Appellate Division observed in its order that it was a public-importance matter and related to the Constitution of the country.
“For this reason the appellants were permitted to file leave-to-appeal within four weeks,” the order said.
During the hearing, TH Khan who moved on behalf of the petitioners, submitted before the court that the third party could appeal with the court as an intervener if any cases involved interpretation of law. The court could allow the third party as an intervener in these cases. He sought permission for appeal, saying that this case is related to the Constitution and involved interpretation of law.
The Attorney General Mahbubey Alam, Barrister M Amir-ul Islam, Barrister Azmalul Hossain QC and senior lawyer Advocate Mahmudul Islam opposed the petitioners’ plea for the appeal.
On Sunday last, the Attorney General Mahbubey Alam prayed to the SC for withdrawing the pending leave-to-appeal petitions against the HC judgment that had declared illegal the fifth amendment to the Constitution
which endorsed late President Ziaur Rahman’s takeover and all the then government acts since August 15, 1975.
On August 29 in 2005, the High Court bench comprising Justice ABM Khairul Haque and Justice ATM Fazle Kabir declared the fifth amendment to the Constitution illegal, which meant the rules of Khandker Mushtaque Ahmed, Abu Sadaat Mohammad Sayem and Maj Gen Ziaur Rahman from August 15, 1975 to April 9, 1979 were unlawful.
The court passed the verdict in response to a writ petition filed by Masudul Alam challenging Martial Law Regulation VII, 1977, over the validity of then the military government.
Following a prayer from the then BNP-led government, the Appellate Division stayed the HC verdict on September 1, 2005.
Meanwhile, the Supreme Court Bar Association (SCBA) leaders yesterday ‘protested’ the SC order allowing BNP secretary general to file regular leave-to-appeal petition against the HC verdict that declared the 5th amendment to the Constitution illegal.
The SCBA held an urgent meeting ‘protesting’ the SC order allowing BNP secretary general Khandaker Delwar Hossain and three SC lawyers to file regular leave-to-appeal petitions with this court against the HC verdict.
The SCBA also decided that they would ‘fight a legal battle’ in the SC for upholding the HC verdict. SCBA leaders said they would file an application to the SC to become a party to this case for upholding the HC verdict.
The meeting was held at the south hall of the SCBA with its president AFM Mesbahuddin in the chair.

Courtesy of The Independent