5th Amendment to Constitution
SC verdict on govt's review petition today
The Supreme Court will deliver the verdict today on the government's review petition against its judgment on the fifth amendment to the constitution.
On February 2 last year, the SC judgement upheld the 2005 High Court verdict declaring the fifth amendment illegal, with some observations and modifications.
The amendment had ratified all those actions that made the charter subordinate to martial law proclamations, orders, and regulations during around four years after August 15, 1975.
On March 14, the government filed the review petition against some of the SC observations on transitional and temporary provisions.
The five-member bench of the Appellate Division headed by Justice Md Muzammel Hossain on April 7 fixed today the date for passing the judgement after concluding hearing on the petition.
The government in the petition prayed to the apex court to cancel its observations, which condoned provisions regarding transitional and temporary periods in Article 150 of the constitution.
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, it said.
The government also prayed for upholding the HC Division observations, which did not condone those provisions.
The High Court has nullified the provision in the fourth schedule of the constitution that deals with Article-150.
It said, "Article-150 of the constitution should be sealed off forever…" since the transitional period is between April 10, 1971 and December 16, 1972.
The door of Article-150 of the constitution should be closed forever so that no new "adventurist" can inject unlawful and extra-constitutional materials, the High Court said.
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