5th Amendment Verdict
SC adjourns govt's review petition hearing till Mar 28
The Supreme Court yesterday adjourned till March 28 the hearing on the government's petition to review its judgment on the fifth amendment to the constitution.
The government on March 14 filed the review petition with the SC against some of its observations regarding transitional and temporary provisions in the judgment.
Five-member bench of the Appellate Division headed by Justice Md Muzammel Hossain yesterday passed the adjournment order after hearing a short submission from Attorney General Mahbubey Alam.
The attorney general told the apex court that this court should expunge its observations in its verdict, which condone provisions regarding transitional and temporary provisions in Article 150 of the constitution.
He also prayed to the Appellate Division for upholding its HC Division observations, which did not condone those provisions.
The review petition stated that if the SC observations remain in force, there would be provision for considering the transitional and temporary period, meaning the state before framing of the constitution.
There is nothing in the name of transitional and temporary period in the constitution, it said.
The SC in its judgment on February 2 last year upheld the High Court judgment over the fifth amendment with some observations and modifications.
The HC in its verdict in 2005 cancelled the fifth amendment which had ratified all actions including those that destroyed the basic character of the country's constitution and made it subordinate to martial law proclamations, orders, and regulations made during around four years after August 15, 1975.
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