DHAKA: The Supreme Court is set to unravel the full version of the verdict on the much-talked-about case of repeal of the constitution fifth amendment anytime this month (July) to end a long wait for what comes out of the radical change in the country’s fundamental law.
Competent sources said the apex court has already completed the main text of the briefly pronounced judgment, which is now being reexamined by the judges.
Immediate-past Chief Justice Tafazzal Islam, who had presided over the final scrapping of the amendment that virtually amounts to a regime change, told banglanews24.com.bd that he has written down the verdict of this very significant case in the full length.
“The main decision has already been written and it will get final shape with opinions to be taken from other justices”, the former Chief Justice said.
Sources said the verdict could see the light of the day within the very first week of the month. The justices have to analyse different verdicts of foreign countries in this regard as the constitution and important political issues are involved in the case.
The Supreme Court pronounced a brief verdict of the case with some observations and corrections on February 2 this year, rejecting the leave-to-appeal petitions of BNP Secretary-General Khandaker Delwar Hossain and three other lawyers of the Supreme Court who stand for the mid-75 changeover in state power and fundamental policies.
The Supreme Court in its order declared the Fifth Constitution Amendment illegal, paving the way for the new Awami League-led centre-left government to ban Islamic political groups in course of time. This will also help the Government restore the 1972 Constitution founded on the spirit and values of the 1971 Bangladesh Liberation War.
The original constitution of 1972 had embodied four fundamental state principles: nationalism, socialism, democracy, and secularism.
Supreme Court’s Appellate Division bench comprising six justices led by the then Chief Justice Tafazzal Islam gave the landmark verdict. The other judges were Justice Fazlul Karim (incumbent Chief Justice), Justice Md. Abdul Matin, Justice B K Das, Justice Md. Mozammel Hossain and justice SK Sinha. Of them, Chief justice Md. Tafazzal Islam and Justice BK Das have already retired.
“The brief verdict repealing the fifth constitutional amendment has raised many questions and people are longing for the full-length judgment,” Justice Tafazzal Islam said.
“We have tried to give answer to some vital questions-- whether the religion-based politics would be banned on not, what will be the fundamental of principles of the state and whether the country will be back to ‘72 constitution,” he added.
Religious politics is proscribed under sections of 12 and 38 of the 1972 constitution while the section 12 singly prohibits any kind of communal politics in Bangladesh.
The section 38 of the constitution allows every citizen to form associations or unions, subject to any reasonable restrictions imposed by law in the interest of morality.
The fifth constitution amendment scrapped the section 12 and also recast the section 38 that cleared the path for doing religion-based politics.
At this crossroads, now the lawyers are now divided into two groups centering the impacts of the verdict on national life. Some lawyers said that if the court restores the sections 12 and 38 of the main constitution, politics along religious lines would automatically be banned. Some others are of the view that the government has to formulate new law to outlaw religious politics.
About the final verdict Attorney-General Mahbube Alam said, ”Like others, I am also waiting very eagerly to see the final verdict. I am very concerned over the observations and revisions being brought by the court. Actually, I am also in the dark about the verdict.”
Senior Lawyer Barrister Rafiqul Haque said, “It is very tough to comment about the verdict as the court is going to pronounce the verdict with some revisions.”
BDST: 1444HRS, JULY 1, 2010
