June 8, 2011 9:13 PM

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B’desh HC issues notice on legality of 8th constitutional amendment

The Bangladesh High Court on Wednesday has issued a notice to the government to explain why the part of the eighth amendment to the constitution approving Islam as state religion should not be declared illegal and ultra vires to the Constitution. A two-member bench comprising Justice AHM Shamsuddin Chowdhury and Justice Govinda Chandra Thakur issued the rule after hearing a writ petition. The Speaker of the Bangladesh Parliament and the Law Secretary have been made the respondents to the case and the court has set June 16 as the next date for hearing the petition. Islam was declared as the State religion in Bangladesh by the eighth amendment to the Constitution during the regime of General Ershad in 1988. Following this in the same year 15 eminent citizens jointly filed a writ petition challenging the legality of the amendment but it was not moved at that time. After 23 years of filing the petition, it was moved on Wednesday before the High Court Division by submitting a supplementary affidavit following which the court has issued notice. The court has also appointed 12 eminent lawyers of the Supreme Court as amicus curiae to present their opinions on the issue.

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