DHAKA: The verdict in a case challenging legality of the 7th amendment to the constitution is likely to be given Thursday and it will decide whether former president general HM Ershad should face the court.

Additional attorney-general MK Rahman Wednesday termed Ershad’s going to power ‘illegal’ at the hearing of the writ case and pleaded that he should be tried under the conventional penal code.

A High Court bench of Justice AHM Shamsuddin Chowdhury and Justice Sheikh Md Zakir Hossain is dealing with the 7th-amendment case.

During earlier hearing, the state-side lawyer sought opinion of the additional attorney-general on the legality of the former military ruler’s seizure of power by force as it was legalized by parliament later through the seventh amendment.

The additional attorney-general replied: according to the constitution, declaring military rule is not legal in the country and so martial law cannot be ratified in the parliament.

“But Ershad violated all the rules and seized power, which makes his forming government illegal and punishable,” said the government attorney in his opinion.

A case of death of some Abu Taher in Chittagon on December 24, 2008 gradually headed towards the filing of the writ petition with the High Court challenging the impugned 7th amendment.

On April 5 this year, an HC bench comprising Justice Momtazuddin Ahmed and Justice Naima Haider issued a rule asking why the 7th amendment to the constitution ‘should not be declared illegal and anti-constitutional”.

The court is set to deliver its verdict on this crucial case Thursday, hot on the heels of the Supreme Court judgment declaring void the constitution fifth amendment that had legitimized military regimes since the 1975 coup, including slain president general Ziaur Rahman’s takeover.

BDST: 2039 HRS. AUGUST 25, 2010