Dhaka: The top court in Bangladesh on Tuesday
directed the government to put in place measures to prevent
the imposition of martial law and military rule in the
The Supreme Court headed by Chief Justice Tafazzul
Islam ordered the government to take measures so that military
rule cannot be imposed in Bangladesh.
"Measures should be taken so that military rule cannot
be imposed again in Bangladesh in future," a six-member bench
of the court was quoted as saying by the private bdnews24
The Court made the observation during a hearing on
petitions against the repeal of the Constitution`s Fifth
Amendment, which was meant to provide constitutional
legitimacy to the governments in power or military or otherwise
after the assassination of Bangladesh`s founding leader
Sheikh Mujibur Rahman in 1975.
In August 2005, the High Court gave its ruling on the
Fifth Amendment in response to a petition challenging the
legality of a Martial Law Regulation of 1977.
In its ruling, the court had declared illegal three
regimes between August 15, 1975 and 1979, headed by Khandaker
Mushtaque Ahmed, Abu Sa`dat Mohammad Sayem and Ziaur Rahman.
Bangladesh was under martial law for most of the
period from August 15, 1975 to the democratic revolution in
the late 1980s that led to the end of the military rule under
H M Ershad.
Military ruler Ershad ruled the country as chief
martial law administrator since a bloodless coup on March 24,
The High Court in 2005 ruled that all changes made by
governments between Aug 15, 1975 right up to the 1991 national
elections were unconstitutional.
The Supreme Courts` bench headed by chief justice
Islam today was hearing petitions filed by BNP secretary
general Khandaker Delwar Hossain and three
Jamaat-e-Islami-backed lawyers Munshi Ahsan Kabir, Tajul Islam
and Kamruzzaman Bhuiyan, seeking a stay on the 2005 High Court
judgment that declared the amendment illegal, the report said.