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Thursday, July 29th, 2010
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The seventh amendment to the constitution, which legitimises HM Ershad’s takeover of power and the acts under his military rule, could have the same fate as the fifth amendment, said Law Minister Shafique Ahmed.

A writ petition, filed on January 24 this year, challenging the legality of the amendment is pending with the High Court.

The HC has recently started hearing on the petition after it on April 5 issued a rule upon the government to explain as to why the seventh amendment to the constitution should not be adjudged illegal.

It had come up with the rule after hearing the writ petition filed by Siddique Ahmed, convicted of murder and sentenced to life imprisonment by a martial law court

in Chittagong in 1986.

While talking to The Daily Star, Law Minister Shafique Ahmed said the seventh amendment of the constitution could have the same fate as the fifth amendment.

The seventh amendment ratified the proclamation of martial law and other regulations, orders and instructions by Ershad between March 24, 1982, and November 10, 1986.

Ershad, then chief of army staff, declared himself chief martial law administrator and imposed martial law on March 24, 1982.

Siddique, in his petition, said martial law and the rules and orders under it are illegal in view of the basic framework of Bangladesh’s constitution.

He prayed for a direction upon the government to arrange retrial of the case in which he was convicted and sentenced.

In response, the HC granted him a six-month bail and had issued the rule upon the government.


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