Ershad's military rule illegal: SC
The Supreme Court has upheld the High Court order declaring illegal the Seventh Amendment to the constitution that had legimatised the autocratic regime of military strongman Hussein Muhammad Ershad.
A six-strong Appellate Division bench, headed by outgoing chief justice A B M Khairul Haque, on Sunday also cancelled the military court's punishment of Siddique Ahmed, a resident of Chittagong upon whose petition the High Court order came on Aug 26 last year.
Ahmed was convicted of murder during Ershad's martial law regime.
The top court gave the orders after Ahmed challenged part of the High Court order in a petition on Apr 11. The chamber judge later sent it to the Appellate Division.
Syed Amirul Islam, counsel for the petitioner, told journalists the military regime of Ershad had become illegal following the court order.
Ahmed's another lawyer S M Azim told reporters as the High Court in its verdict had asked Siddique to surrender before a judicial court, he appeared before a Chittagong court on Apr 4.
"Since then he [Ahmed] has been behind bars," he added.
Following Ahmed's petition challenging part of the HC judgement, the highest appeals court selected four senior lawyers as amici curiae to assist it in hearing the appeal.
Of them, Rafique-ul Haque, Mahmudul Islam and Mohammad Amir-Ul Islam gave their opinions to the court, but Ajmalul Hossain could not as he was abroad.
The High Court verdict said the military rule imposed by Ershad on Mar 24, 1982, all the military ordinances passed since then to Nov 11, 1986, chief military law administrator's orders, martial law order and directions were illegal.
It also had declared illegal the regimes of Khondker Moshtaq Ahmed, Abu Sa'adat Mohammad Sayem and Ziaur Rahman between Aug 15, 1975 and 1979.
The court, though, pardoned the activities of Ershad that may come under the verdict on the Fifth Amendment to avoid chaos.
It, however, let off those decisions that were taken in people's interest. The verdict added that, in the future, parliament can fix the punishment for the power usurpers.
The BNP-led coalition government had appealed for a stay order on the verdict, but the ruling Awami League-led government withdrew the appeal.
On Feb 2 last year, the Appellate Division also dismissed an appeal challenging the Aug 29, 2005 High Court verdict that had declared the Fifth Amendment illegal.
The Supreme Court has upheld the High Court order declaring illegal the Seventh Amendment to the constitution that had legimatised the autocratic regime of military strongman Hussein Muhammad Ershad.
A six-strong Appellate Division bench, headed by outgoing chief justice A B M Khairul Haque, on Sunday also cancelled the military court's punishment of Siddique Ahmed, a resident of Chittagong upon whose petition the High Court order came on Aug 26 last year.
Ahmed was convicted of murder during Ershad's martial law regime.
The top court gave the orders after Ahmed challenged part of the High Court order in a petition on Apr 11. The chamber judge later sent it to the Appellate Division.
Syed Amirul Islam, counsel for the petitioner, told journalists the military regime of Ershad had become illegal following the court order.
Ahmed's another lawyer S M Azim told reporters as the High Court in its verdict had asked Siddique to surrender before a judicial court, he appeared before a Chittagong court on Apr 4.
"Since then he [Ahmed] has been behind bars," he added.
Following Ahmed's petition challenging part of the HC judgement, the highest appeals court selected four senior lawyers as amici curiae to assist it in hearing the appeal.
Of them, Rafique-ul Haque, Mahmudul Islam and Mohammad Amir-Ul Islam gave their opinions to the court, but Ajmalul Hossain could not as he was abroad.
The High Court verdict said the military rule imposed by Ershad on Mar 24, 1982, all the military ordinances passed since then to Nov 11, 1986, chief military law administrator's orders, martial law order and directions were illegal.
It also had declared illegal the regimes of Khondker Moshtaq Ahmed, Abu Sa'adat Mohammad Sayem and Ziaur Rahman between Aug 15, 1975 and 1979.
The court, though, pardoned the activities of Ershad that may come under the verdict on the Fifth Amendment to avoid chaos.
It, however, let off those decisions that were taken in people's interest. The verdict added that, in the future, parliament can fix the punishment for the power usurpers.
The BNP-led coalition government had appealed for a stay order on the verdict, but the ruling Awami League-led government withdrew the appeal.
On Feb 2 last year, the Appellate Division also dismissed an appeal challenging the Aug 29, 2005 High Court verdict that had declared the Fifth Amendment illegal.
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