Verdict on govt petition May 11
The Supreme Court (SC) will deliver a verdict on May 11 on the government's petition to review its judgment on the Fifth Amendment to the constitution.
The government on March 14 filed the review petition with the SC against some of its observations regarding transitional and temporary provisions in the judgment.
The five-member bench of the Appellate Division headed by Justice MD Muzammel Hossain yesterday fixed the date after concluding hearing on the petition.
Placing argument, Attorney General Mahbubey Alam prayed to the apex court to cancel its observations in its verdict, which condoned provisions regarding transitional and temporary provisions in Article 150 of the constitution.
He said that if the SC observations remain in force, there would be provision for considering the transitional and temporary period, meaning the state before framing of the constitution.
The attorney general also prayed for upholding its HC Division observations, which did not condone those provisions.
Mahbubey Alam told the reporters that there is nothing in the name of transitional and temporary period in the constitution.
If the HC observation is upheld, no extra constitutional method will be established, he added.
The SC in its judgment on February 2 last year upheld the High Court judgment over the Fifth Amendment with some observations and modifications.
The HC in its verdict in 2005 cancelled the fifth amendment which had ratified all actions including those that destroyed the basic character of the country's constitution and made it subordinate to martial law proclamations, orders, and regulations made during around four years after August 15, 1975.
Appearing for Italian Marble Works Company Ltd (BIMWC), which had filed a writ petition with the HC challenging the legality and constitutionality of the 5th amendment, Barrister Ajmalul Hosaain argued for upholding the HC observation.
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