Overrule past judgements on martial law
Mahmudul suggests SC
Eminent jurist Mahmudul Islam yesterday suggested the Supreme Court overruling its previous judgements, which had legitimised the martial law rules and regulations, and settlement of the disputes.
This is a historic opportunity for the SC to overrule its rulings on the martial law, so that no martial law proclamation can take place in the country in future, he said.
He was placing his opinions as amicus curiae (friend of court) before the apex court during hearing an appeal filed against the High Court verdict declaring illegal the seventh amendment to the constitution, which had legitimised the military rule by HM Ershad.
A six-member bench of the Appellate Division, headed by Chief Justice ABM Khairul Haque, will continue the hearing today.
Former Attorney General Mahmudul Islam yesterday told the SC that it can consider the appeal filed by Siddique Ahmed, who earlier challenged the seventh amendment to the constitution with the HC, seeking bail in a criminal case against him.
On August 26 last year, the HC delivered the verdict following a writ petition filed by Siddique, who was convicted and sentenced to life-term imprisonment by a martial law court in a murder case in 1986.
Though the HC declared the seventh amendment to the constitution illegal, it neither acquitted him of the murder charge nor ordered for retrial of the case against him.
The HC also asked Siddique, who was then freed on bail, to surrender his bail bond to the lower court from which he had obtained it, and explore other legal options for his remedy.
Siddique surrendered to a court in Chittagong on April 7 in connection with the murder case, as per the HC order.
Former Justice Syed Amirul Islam and Barrister Hasan MS Azim appeared for Siddique.
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