UNBconnect... - Legal battle over nullified Fifth Amendment: SC sets Jan 3 for leave hearing

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Wednesday, 08 February 2012

Legal battle over nullified Fifth Amendment: SC sets Jan 3 for leave hearing

Reported by: UNBconnect
Reported on: December 27, 2009 19:44 PM
Reported in: National

News - Legal battle over nullified Fifth Amendment: SC sets Jan 3 for leave hearing

Dhaka, Dec 27 (UNB) - The leave-to-appeal applications against the High Court ruling that declared illegal the Fifth Amendment endorsing slain president Ziaur Rahman's takeover and previous acts from August 15, 1975 to April 9, 1979 will come up on the list on January 3, 2010 for hearing before the Supreme Court.

Justice SK Sinha of the vacation bench of the Supreme Court, upon separate petitions moved by Barrister Ajmalul Hossain, QC, who filed the writ petition, and Attorney-General Mahbubey Alam, passed the order Sunday.

In a landmark judgment on August 29, 2005, the High Court upon a writ petition declared the 5th Amendment to the Constitution “illegal”, meaning the rules of Khandaker Mushtaque Ahmed, Abu Sadaat Mohammad Sayem and Maj General Ziaur Rahman since the August 15, 1975 changeover till April 9, 1979 were unlawful.

Earlier, the Awami League-led grand-alliance government, after returning to power, prayed to the Supreme Court for withdrawal of the application for leave to appeal filed by the immediate-past BNP-Jamaat alliance rulers.

On the other hand, BNP Secretary-General Khandaker Delwar Hossain and three Jamaat lawyers as interveners filed separate applications for leave to appeal against the HC verdict.

All applications remain pending with the Supreme Court for disposal.

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