The Supreme Court will hear on January 3 an appeal against a landmark High Court judgment that declared the fifth amendment to the constitution illegal.

Appellate Division chamber judge S K Sinha set the hearing date on Sunday following an appeal of the petitioner's counsel Ajmalul Hossain QC.

The hearing on another petition for scrapping the stay order of the rule will also be held the same day.

The amendment had given constitutional legitimacy to military governments after the 1975 assassination of independence hero president Sheikh Mujibur Rahman.

The High Court in its Aug 28, 2005 ruling declared all the regimes from Aug 15, 1975 to 1979 headed by Khandaker Mushtaque Ahmed, Abu Sa'dat Mohammad Sayem and Ziaur Rahman illegal.

The then BNP-led alliance government filed an appeal to stay the ruling that day and the efficacy of the rule have since stayed.

The present government in May petitioned the court for withdrawal of the appeal.

After that BNP secretary general and Supreme Court lawyers Munshi Ahsan Kabir, Tajul Islam and Kamruzzaman Bhuiyan appealed for filing two separate petitions and they were granted.

The SC on May 4 asked them to appeal to overturn the HC judgment.

Later, on June 2 a petition was filed to scrap the stay order.

Source: bdnews24.com

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