Verdict on 7th Amendment: Hearing adjourned till May 8

The Supreme Court May 4 adjourned till May 8 for hearing an appeal filed against the High Court verdict that declared illegal the seventh amendment to the constitution that had legitimised the military rule by HM Ershad.

A seven-member bench of the Appellate Division, headed by Chief Justice ABM Khairul Haque, fixed the date after a brief hearing on the appeal filed by one Siddique Ahmed of Chittagong, who earlier challenged the seventh amendment to the constitution.

Bar on Teachers: HC directs EC to explain

The High Court on May 4 asked the Election Commission to explain within four weeks why its restriction on the school and college teachers to contest in the Union Parisad (UP) polls should not be declared illegal.

Responding to a writ petition filed by four teachers from Jamalpur and Kurigram, the HC bench of Justice Mirza Hussain Haider and Justice Md Nuruzzaman also directed the EC to allow the petitioners to contest in the upcoming UP polls.

SC concludes fatwa hearing

The Supreme Court (SC) on May 4 concluded hearing on an appeal filed against the High Court verdict that declared fatwa (religious edict) illegal.
The six-member bench of the Appellate Division headed by Chief Justice ABM Khairul Haque will deliver a verdict on the appeal on any day.

JS alone can amend Constitution: Tofail Ahmed

Wednesday, 06 October 2010

Chairman of the Parliamentary Standing Committee on Industries Ministry Tofail Ahmed yesterday said Parliament is the sole authority to amend the Constitution. However, not undermining the institution of judiciary, he added that one was bound to abide by the orders of the court.

“We are bound to comply with the judgment of the court…,” the Awami League legislator said in a media briefing at the media centre of Jatiya Sangsad and added, “But other issues out of the court’s verdict will be decided by Parliament.”

Reprinted Constitution only a draft: experts

Monday, 07 March 2011

Dhaka, Mar 6: The status of the reprinted Constitution has come under debate as many experts and members of the parliamentary sub-committee on constitutional amendment do not want to accept it as the “amended” version.

Talking to The Independent, they made it clear that they consider it as a “draft” for amendment. But law minister Shafiq Ahmed is in no way ready to accept their view. “There is no question of treating the reprinted copies of the Constitution as draft copies,” he said. 

He added: “Parliament has the authority to amend the Constitution. But since the Supreme Court has made some provisions illegal and issued directions to replace those, we have reprinted the Constitution replacing the sections declared illegal. Now, if someone reads the previous edition, it would be improper because many old provisions have already been declared illegal.”

Constitution of ’72 restored: HC None should be forced to wear religious attire, observes court

Tuesday, 05 October 2010

In a significant development, the High Court yesterday observed that the original Constitution of 1972 was automatically restored following the Supreme Court’s verdict in the Fifth Amendment case.

After disposing of a suo moto rule issued by the High Court on August 22 this year regarding forcing women to wear religious attire like Burqa (veil) in educational institutions, a High Court bench comprising Justice AHM Shamsuddin Chowdhury and Justice Sheikh Md Zakir Hossain yesterday said that no one within the borders of Bangladesh should be compelled to wear Burqa or other religious attires against her/his wish.

Law minister for reprinting of the constitution as per CJ’s opinion

Saturday, 02 October 2010
Minister for law and parliamentary affairs Shafique Ahmed has said  that he was in full agreement  with the opinion of the chief justice ABM  Khairul Haque  with regards to the reprinting of the Constitution as per the judgment of the fifth amendment. 

Talking to ‘The Independent’ yesterday the law minister said, “The day the judgment was signed, the provisions of the (original) Constitution, was revived because all the constitutional amendments especially the fifth amendment, was declared void by a judgment of the highest court of the country.”

A law-maker’s position cannot remain uncertain in law

With the lawyer of the Election Commission missing a three-week deadline to give reply to a High Court Division Bench rule as to why the EC gazette declaring Mohiuddin Khan Alamgir’s seat in Parliament vacant should not be declared illegal, the matter looks likely to prolong indefinitely as the rule, first timed for six months, has later been extended till the disposal of the rule.

Inaction on EC’s side alleged

Stay on MK Alamgir seat vacation extended

Mohammad Ali
The High Court stay on vacation of seat of AL-lawmaker Mohiuddin Khan Alamgir has been extended from six months to till the disposal of the rule, it is learnt.

Court sources said the stay was extended 12 days before its expiry on 25th March.

The lawyer of Election Commission (EC) is learned to have missed a three-weak deadline for replying to a court's rule as to why the EC gazette, which declared JS membership of MK Alamgir vacant, should not be declared illegal.

Constitutional Amendment

Suranjit seeks BNP opinion

Co-chair of the parliamentary special committee on constitutional amendment Suranjit Sengupta yesterday urged BNP leaders to come before the special committee to give their opinions in amending the constitution in consensus.

“Come and talk to the committee anytime,” Suranjit urged the main opposition leaders at a discussion at Bilia auditorium in the city organised by Ekatturer Ghatak Dalal Nirmul Committee.

Change constitution thru nat'l consensus

Roundtable suggests assessing public opinion through BTV

 

A national consensus is needed before bringing any amendment to the constitution, said constitution experts and eminent citizens at a roundtable yesterday.

Some of them suggested using the Bangladesh Television to assess public opinions, while some suggested formation of a constitution commission or an expert committee.

Confusion everywhere over reprinted version : Which Constitution now in force

Mohammad Ali

Even after reprinting the Constitution over three months ago following a judgment of the Supreme Court, the apex court and the Jatiya Sangsad are still displaying the previous Constitution in their websites, creating a question, 'which constitution is now being adhered to?'

The Constitution was reprinted following a Supreme Court judgments declaring the 5th and the 7th Amendments illegal and a recommendation of Chief Justice ABM Khairul Haque to do so.

HC stays EC gazette scrapping Alamgir’s JS membership

The High Court yesterday ( September 26) stayed for six months the Election Commission’s gazetted decision declaring vacant the parliament membership of Dr Mohiuddin Khan Alamgir.

MK Alamgir, also a presidium member of the Awami League, was elected from the constituency no-260, Chandpur-1 to the 9th Parliament election on Awami League ticket.

Upon a writ petition filed by Alamgir, the High Court bench comprising Justice AHM Shamsuddin Chowdhury Manik and Justice Sheikh Md Zakir Hossain also issued a rule upon the Election Commission to explain within three weeks as to why its special gazette notification vacating the seat of the petitioner should not be declared illegal and without lawful authority.

HC extends stay order on Alamgir JS membership

The High Court (HC) on Monday (March 14) extended its earlier order that stayed the Election Commission's decision declaring the parliamentary seat of Awami League leader Mohiuddin Khan Alamgir vacant.

This court on September 26 last year stayed for six months the EC's decision, and also issued a rule upon the EC to explain why its gazette notification vacating the parliamentary seat of Alamgir should not be declared illegal.

CJ not happy with quality of many verdicts

Chief Justice ABM Khairul Haque yesterday (on March 5) expressed dissatisfaction over the standard of verdicts delivered by judges in different cases, saying those lack sufficient legal information and data.

The judges have to be studious to learn how to use the law points and legal grounds in their judgements to make those correct and credible, he observed.