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Thursday, 09 February 2012

5th Amendment helps restore true spirit of Liberation War, institutionalize non-communal democratic Bangladesh: law minister

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Reported by: UNBconnect
Reported on: February 02, 2010 15:10 PM
Reported in: National
News - 5th Amendment helps restore true spirit of Liberation War, institutionalize non-communal democratic Bangladesh: law minister

Dhaka, Feb 2 (UNB)-Law Minister Barrister Shafique Ahmed said Tuesday’s Supreme Court rulings on the 5th Amendment of the Constitution would help restore the true spirit of the Liberation War and the rule of law and institutionalize a non-communal democratic Bangladesh.

“This verdict demonstrates that the Constitution is the supreme law and it will remain as a milestone in establishing the rule of law,” he told reporters at his ministry on Tuesday noon after meeting with US Ambassador James Moriarty.

The Law Minister said that there is no scope for creating debate on religious point of view over this verdict, which affirmed the High Court verdict declaring void the 5th amendment with some changes. Only those constitutional provisions which were scrapped by military promulgations would now be restored.

Barrister Shafique said as guardian of the Constitution, the High Court observed that none has the right to change the basic principles of the Constitution, not even the parliament does have such power.

The Supreme Court today dismissed two leave-to-appeal petitions against the High Court verdict that had declared illegal and unconstitutional the Cosntitution Fifth Amendment with some modifications and observations.

Asked whether the verdict would lead to restoration of the post-independence original constitution of 1972, the Law Minister said, “We cannot return fully to the 4th amendment but it would help restore fundamental spirit of the constitution that was framed on the basis of the spirit of the liberation war.”

Asked about the meeting with the US Ambassador, Barrister Shafique said they discussed judicial reforms, case management and court management.

The American diplomat also welcomed the Supreme Court verdict on the 5th constitutional amendment. “We are happy,” Moriarty was quoted as saying during the meeting with the law minister.

When reporters sought Moriarty’s view about the fugitive killers of Bangabandhu who are reportedly hiding in the USA and the execution of five of the condemned convicts, the Ambassador declined to comment, saying that he does not have the jurisdiction and permission from his government.

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