SC Order on Eighth Amendment
BNP changes stance
Says Suranjit
The BNP-led government reinstated two articles in the constitution in 1991 following cancellation of the eighth amendment by the Supreme Court.
But the party is now opposing such action after scrapping of the Fifth Amendment by the apex court.
Suranjit Sengupta, co-chair of the parliamentary special committee for constitutional amendment, said this at a press briefing yesterday.
Suranjit showed the preface tagged with the constitution printed in 1991.
He also showed copies of the constitution reprinted in 1994 and 1996 during the then BNP regime with the reinstated articles.
The parliament passed the constitution's eighth amendment, changing the articles 100 and 107 for setting up High Court Division's permanent bench, each at Barisal, Chittagong, Comilla, Jessore, Rangpur and Sylhet.
The apex court in 1989 declared the amendment act illegal and void, as it destroyed the basic features of the constitution.
Following the partial cancellation of the eighth amendment act, the law ministry on October 10, 1991 reprinted the constitution dropping the changes brought to the two articles.
“The articles 100 and 107 (3) were kept unchanged, as the constitution's eighth amendment act 1988 was declared void and out of jurisdiction by the honourable court,” wrote Md Sirajul Islam, the then acting additional secretary of the law ministry, in the preface of the printed constitution.
At that time, the parliament did nothing on reinstating of the two articles, said Suranjit at the briefing.
But since February this year when the Appellate Division upheld the High Court landmark verdict declaring the Fifth Amendment illegal and void, the BNP leaders started questioning the court's jurisdiction to declare void any constitutional amendment act passed by the parliament.
“It is the BNP that created the precedence in 1991, but they are now taking an opposite stance for political gain,” said Suranjit, also ruling AL lawmaker.
Asked about reprinting the constitution with the articles following cancellation of the Fifth Amendment, he said the special committee at its next meeting on October 12 would decide on how those will be inserted in the constitution.
Suranjit said the day the judges signed the verdict on the Fifth Amendment case, it has been a part of the country's constitution.
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