Metropolitan Magistrate Syed Mohammad Mujibul Haq passed the order when advocate ASM Iqbal Hossain, joint convener of Lawyers' Union for Protection of People's Right, filed the case with the Chief Metropolitan Magistrate's (CMM's) Court for the matter.

In his complaint, Iqbal mentioned that Moudud, while holding his portfolio, in the preface to the publication of the constitution printed on August 1 this year, said Sheikh Mujibur Rahman, the national leader of the majority party, was arrested from his residence and taken to the then West Pakistan.

"The elected political leadership failed to give directions to the people at that critical moment.

"In that situation, in response to the indispensable demand of time, the then Major Ziaur Rahman of the Army, made the historic declaration of independence from Kalurghat radio station in Chittagong as leader of the war of resistance."

Moudud's statement is contrary to the fact regarding the proclamation of the independence and nothing but a lie, the complainant said.

Moreover, Colonel (rtd) Ahmad and General (rtd) Mir Shawkat, close associates of Ziaur Rahman, admitted that Zia proclaimed the independence on March 27 but the accused hid the fact and distorted the history, Iqbal added.

Advocates Abdul Jalil Gazi, Shahadat Hossain, Hasina Akhter and Mahmud Hossain appeared for the complainant.