February 2, 2010 3:31 PM

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B’desh SC dismisses pleas against Constitution’s 5th amendment verdict

The Bangladesh Supreme Court has dismissed two leave-to-appeal petitions against a High Court verdict that had declared illegal and unconstitutional the Fifth Amendment to the Constitution.The six-member bench of the Appellate Division, headed by Chief Justice Md Tafazzul Islam, pronounced the order saying the petitions are dismissed with notifications and observations.The Supreme Court ruling comes after hearing the two separate leave to appeal petitions filed by BNP Secretary General Khandaker Delwar Hossain and three Supreme Court lawyers Tajul Islam, Kamruzzaman Bhuiyan and Munshi Ahsan Kabir against the High Court verdict which had declared the regimes between August 15, 1975 and 1979 as illegal.By dismissing the leave to appeal petitions, the Bangladesh Supreme court has upheld the August 2005 verdict of the High Court on the Fifth Amendment in response to a petition challenging the legality of the Martial Law Regulation of 1977.In its ruling the high court said that the regimes between August 15, 1975 and 1979, headed by Khandaker Mushtaque Ahmed, Abu Sa'dat Mohammad Sayem and Ziaur Rahman were illegal. The High Court ruling had however exempted certain measures of those regimes initiated for public welfare.

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