Dhaka, Feb 2 (UNB)-Throwing away the BNP-Jamaat pleas for leave to appeal, the Supreme Court Tuesday affirmed the High Court verdict scrapping the Constitution Fifth Amendment brought through martial-law proclamations following the August 15, 1975 changeover.

Although the apex court made some modifications and observations on the HC judgment, its conclusive order paved the way for restoring the fundamental principles of the post-independence 1972 Constitution, legal experts said after the crucial verdict that virtually stands for political restoration.

“The petitions are dismissed with some modifications and observations,” Chief Justice M Tafazzul Islam, without elaborating, pronounced the order in jam-packed court, a minute after the
six-member bench of the Appellate Division of the Supreme Court resumed today at 10:15 am.

The highest court’s edicts of historical importance will be released later on as it takes time, court sources said.

On August 29 in 2005, the High Court upon a writ petition declared illegal and void the 5th amendment to the constitution that hadendorsed usurpation of power in a row by Khandaker Mushtaque Ahmed, Justice AM Sayem and Maj General Ziaur Rahman since the August 15,
1975 bloody changeover till April 9, 1979.

The ruling Awami league-led grand-alliance government quit the legal battle pending before the Appellate Division against the High Court judgment on the 5th amendment as it considers HC verdict appropriate.

The application for leave to appeal was originally filed with the Appellate Division by the immediate-past BNP-Jamaat government aiming to protect the fifth amendment of the constitution done through martial-law proclamations.

But the incumbent grand coalition decided not to shoulder the BNP-Jamaat legacy of military takeover in power politics.

As such, BNP secretary-general Khandaker Delwar Hossain and three lawyers, including two pro-Jamaat ones, contested the case as interveners with the leave of the apex court--and they finally lost.

Emerging from the court visibly disappointed, TH Khan, the counsel for intervener and BNP secretary-general Delwar, said, “The AppellateDivision felt the need for modifications but declined to grant leaveto avoid face-off with the government.”

Asked whether he would seek review of the SC order, the veteran lawyer quipped, “We’re not that fool.”

Barrister Moudud Ahmed MP of BNP, the counsel for the three intervener-lawyers, said: “Now it is clear that the Appellate Division conceived our arguments as it pronounced modifications and
observations on the High Court verdict.”

As a result, the High Court verdict will not be implemented in full, observed Barrister Moudud, who prides himself on serving two military dictators since the August 1975 coup.

In a rebuttal to Moudud’s remark, Attorney-General Mahbubey Alam retorted: “It was a face-saving rhetoric.”

The chief law officer of the government hailed the apex court’s dismissal order as a great achievement of the country’s constitutional history.

Mahbubey Alam said that following today’s apex-court order, the people of Bangladesh now stand in a row of civilized nations as martial law goes down as illegal once for all. It has no existence in
the Constitution.

“Besides, the trend of usurping state power by unconstitutional means will get dissipated."

He further said that after release of the apex court modifications and observations on the High Court verdict that had declared void the 5th amendment, the Ministry of Law will examine the whole matter before publishing the Constitution by a gazette notification.

“The modified Constitution does not require any enactment by parliament,” the AG viewed.