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Fifth Amendment

The Fifth Amendment had given legitimacy to military governments by a constitutional blanket cover after the 1975 assassination of independence hero and nation father then president Sheikh Mujibur Rahman in a military coup. The Constitution ( Fifth Amendment ) Act was passed when the constitution was not fully restored. The proponents argues that the successful coup of the 15th August 1975 by any account was not a simple murder case but a victorious one. The Fifth Amendment was not made arbitrarily but in the duly elected parliament in 1979.

On 29th August the High court Bench comprising of judges ABM. Khairul Haque and ATM Fazle Kabir declared all the regimes from August 15, 1975 headed by Khandaker Mushtaque Ahmed, Abu Sa’dat Mohammad Sayem and Ziaur Rahman illegal . The Judgment was stayed by the Appellate Division on 1 September 2005 and is subject of a leave to appeal. The popularly known fifth Amendment case has been reported in BLT, 2006 in details.

2006(Special Issue) BLT (HCD) 1
High Court Division
(Special Original Jurisdiction)
Present:
Mr. Justice A.B.M. Khairul Haque
And
Mr. Justice A.T.M. Fazle Kabir
WRIT PETITION NO.6016 OF 2000
Bangladesh Italian Marble Works Limited
….Petitioner.
-Versus-
Government of Bangladesh and others.
….Respondents.
Mr. Ajmalul Hossain with
Mr. A.B.M. Siddiqur Rahman Khan and
Ms. Nighat Sultana Nabi, Advocates
…For the Petitioner
Mr. Fida M. Kamal,
Additional Attorney General and
Mr.A.H.M. Mushfiqur Rahman,
Deputy Attorney General.
….For the Respondent No.1
….For the Respondent No.2
None
Mr. Akhter Iman with
Mr. Syed Mamun Mahbub with
Mr. Jinnat Ali, Advocates
….For the Respondent No.3
Dr. Rafiqur Rahman, Advocate ……..Amicus Curiae
Heard on : The 4th, 27th April, 23rd May,
17th, 18th, 23rd and 24th July, 2005.
Judgment on : The 29th August, 2005.

The Writ petitioner prayed a direction upon the respondents to handover the physical possession of the Moon Cinema Hall and challenged mainly on the grounds inter alia :

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