A pertinent question | The Daily Star
12:00 AM, August 08, 2010 / LAST MODIFIED: 12:00 AM, August 08, 2010

A pertinent question

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The seventh amendment to the constitution, which legitimises HM Ershad's takeover of power and the acts under his military rule, could have the same fate as the fifth amendment, said Law Minister Shafique Ahmed. The seventh amendment ratified the proclamation of martial law and other regulations, orders and instructions by Ershad between March 24, 1982, and November 10, 1986. A writ petition, filed on January 24 this year, challenging the legality of the amendment is pending with the High Court. We are yet to know the fate of this writ petition.
There is no doubt that in the constitutional history of Bangladesh, the verdict of the Hon'ble Supreme Court would be written in golden letters.
This is such a historical event which can only be compared with the victory in our struggle for independence. It is very encouraging to learn that the government has already constituted a parliamentary committee to implement the verdict.
However, it is not understood why the 5th amendment of our constitution alone is illegal, why not the 7th amendment? We all know that by the 7th amendment, General Ershad tried to legalise all his deeds and misdeeds done under his martial law. I believe that there should not be any double standards.
I would request the legal experts of our country to please come forward and urge the apex court to give the similar verdict annulling the 7th amendment, for there are hundreds of thousands of people who were adversely and unlawfully affected by many dictatorial fiats of Ershad, but have no means to go to the higher courts.

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