Hearing on appeal likely today
Hearing on the long pending appeal against the High Court (HC) verdict that declared illegal the 5th amendment to the constitution approving late President Ziaur Rahman's takeover and previous acts from August 15, 1975 is likely to be held at the Appellate Division today.
The leave to appeal filed by the then BNP-led alliance government against the HC verdict has been enlisted in the today's cause list for the hearing.
On January 11, the Appellate Division adjourned the hearing on the matter and fixed February 11 as the date for its hearing.
But on February 8, apprehending that the present government can withdraw the appeal against the HC judgement, three Supreme Court (SC) lawyers filed a petition with the SC seeking permission to contest the judgement at the apex court.
Munshi Ahsan Kabir, Tajul Islam and Kamruzzaman Bhuiyan filed the petition stating that they feel highly aggrieved by the HC judgement since it has stripped the citizens of Bangladesh of the identity as 'Bangladeshis' and has declared unlawful, amongst others, the incorporation of the words 'Bismillahir Rahmanir Rahim' from the preamble and article 8 of the Constitution.
On August 29, 2005, the High Court bench of Justice ABM Khairul Haque and Justice ATM Fazle Kabir upon a writ petition declared the fifth amendment to the constitution illegal, meaning the rules of Khandaker Mushtaque Ahmed, Abu Sadaat Mohammad Sayem, and Maj Gen Ziaur Rahman from August 15, 1975 to April 9, 1979 were unlawful.
The Appellate Division on September 1, 2005 stayed the HC verdict and asked the government to file a regular leave to appeal with this court against the HC verdict.
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