DHAKA: The Supreme Court Tuesday unveiled its historic judgment canceling the Constitution 5th Amendment and restoring all the four fundamental state principles stipulated in the country’s original 1972 Constitution with modifications.
However, ‘Bismillahir Rahmanir Rahim’ introduced through the 5th amendment will remain in the preambles of the Constitution as an introductory remark, not as part of the Constitution.
Also will remain intact the Article 6 of the amended constitution introducing the nation as “Bangladeshi” instead of “Bengali”. Article 6 (2) reads: "The citizens of Bangladesh shall be known Bangladeshis."
The present Constitution’s Article 6 (2) states: "The citizens of Bangladesh shall be known as Bangladeshis". The brief verdict had asked for reinstatement of “Bengali” stipulated in the 1972 constitution instead of ‘Bangladeshi’. The Appellate division now kept the present Article. “This means our nationality will be Bangladeshi,” said Attorney-General Advocate Mahbube Alam.
The four fundamental principles laid down in the original Constitution of 1972 based on the spirit of the Liberation War are nationalism, socialism, democracy, and secularism.
The full text of the judgment on the constitutional 5th amendment was published 174 days after the Appellate Division had upheld the High Court’s verdict canceling the amendment that had legitimized past martial law regimes and made basic changes to the state principles. The Supreme Court Registrar published the verdict at 7pm.
Earlier, the appellate division gave a brief verdict on February 2 this year. A bench comprising six judges led by Chief Justice Md. Tafajjal Islam pronounced the verdict.
During the brief pronouncement, the appellate division quashed the leave-to- appeal petition filed against the High Court’s verdict by BNP secretary- general Khondokar Delwar Hossain and three other lawyers of the Supreme Court. The appellate division also made some observations and revisions.
The other members of the bench were Justice Mohammad Fazlul Karim, Justice Md. Abdul Matin, Justice BK Das, Justice Md. Mojammel Hossain and Justice SK Sinha.
Of them, former chief justice Md. Tafazzal Islam and Justice BK Das retired in the meantime.
While talking to banglanews24.com.bd at the end of June, Justice Tafazzal Islam had said that he was writing the main verdict of this significant case.
The High Court verdict on August 29, 2005 ordered reinstatement of article 12 of the original Constitution. The Article 12 in the original Constitution provides for "Secularism and Freedom of Religion."
The full verdict Tuesday prohibits Martial Law entirely and spells out warning so that no one can promulgate Martial Law in the future.
Despite journalists having asked repeatedly if religion-based politics would be banned or not, the attorney general did not make any comment. However, the full-text verdict Tuesday said, “Misuse of religion in politics in the name of religion-based politics must be stopped.”
According to the 1972 Constitution’s article 12 and 38, religion-based politics was absolutely banned. Article 12 stated that in order to implement secularism, a) all kinds of communalism, b) allowing political status by state to any religion, c) misuse of religion for politics, d) discrimination towards any individual belonging to a different religion or torture on him must be stopped. The appellate division upheld the high court verdict in this regard.
The present Constitution will be cancelled keeping the four original principles of 1972 Constitution.
In Article 8 (1) of the Constitution dealing with the four fundamental principles of state policy, secularism was replaced through the 5th amendment with "absolute trust and faith in the Almighty Allah".
“When the state will return to the Constitution of 72, this line will be omitted from the constitution,” Attorney-General Mahbube Alam said.
The fundamental principle of socialism was modified through the 5th amendment as "socialism meaning economic and social justice".
BDST 2030 HRS, JULY 27, 2010.
