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Shafiq on 1972 charter

UNB, Dhaka
Law Minister Shafique Ahmed yesterday said if the original 1972 Constitution revives following the nullification of the Fifth Amendment, the four fundamental state principles--democracy, nationalism, secularism and socialism-would be restored concomitantly.
He said restoration of the basic spirit of the War of Liberation enshrined in the 1972 Constitution is not the end-all rather more areas under the Constitution are amendable and the government contemplates bringing
SEE PAGE 15 COL 6 FROM PAGE 16 about the necessary changes.
"All the matters with regard to recast of the Constitution--tailored over and again by the past juntaswill be resolved through discussion In parliament," the minister said while talking to reporters at his secretariat office.
"People want that the High Court (HC) verdict declaring the Fifth Amendment illegal is upheld, as it has reflected the spirit of the War of Liberation," the minister observed.
He made it clear that the repeal of the Fifth Amendment does not mean the resurrection of the Fourth Amendment introducing one-party rule, as it was revoked through referendum.
Referring to the introduction of martial law in the country, Shafique said the Constitution is the supreme law of the Republic and there is no provision of promulgating martial law in it.
"So, the Constitution cannot be amended by martial law regulations," he said.
He further argued, "since the parliament cannot promulgate martial law, it would not be justified for an individual to proclaim martial law and to make amendment to the Constitution by issuingmilitaryregulations."
On August 29, 2005, the HC declared ’illegal' the Fifth Amendment to the Constitution, adopted in Parliament, meaning the regimes of Khandker Mushtaque Ahmed, Abu Sadaat Mohammad Sayem and Maj General Ziaur Rahman since August 15, 1975 till April 9, 1979 Were unlawful.
In the verdict the HC had observed that martial law as a whole is 'illegal and unconstitutional' and all the actions, laws, and rules made under martial law are illegal.'
In reply to a question, the minister said the appeal hearing on the Fifth Amendment pending with the Appellate Division of the Supreme Court (SC) might come on the list for disposal after resolving the appeals against the HC judgments on the Bangabandhu-killing case and the jail killings case.
He said the original 1972 Constitution would be automatically re-established if the SC upholds the HC verdict proscribing the Fifth Amendment.
The law minister said only the government would decide whether it would continue its effort towards any recast of the Constitution, altered time and again.
"If the government does it, appropriate procedure would be followed in this regard," said Barrister Shafique.
About the oblique remarks by BNP secretarygeneral Khandaker Delwar Hossain involving the law commission regarding amendment to the Constitution, Shafique said the law commission does not make any law, parliament makes.
Law commission only provides recommendations as asked by government, he added.