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Fifth Amendment

I) On the murder of Bangabandhu Shiekh Mujibur Rahman, President of the People’s Republic of Bangladesh, on August 15, 1975, Khandaker Mushtaque Ahmed in total violation of the Constitution, illegally seized the office of President of Bangladesh, as such, he was an usurper.
II) He had no authority to function as the President, as such, the Proclamation of Martial Law on August 20, 1975, and his tenure as the purported President for 82 (eighty-two) days was illegal.
III) The assumption of office of a President of Bangladesh by the then Chief Justice of Bangladesh on November 6, 1975 and the assumption of powers of the Chief Martial Law Administrator by the Second Proclamation issued on November 08, 1975 was in total disregard of the Constitution.
IV) Appointment of Major General Ziaur Rahman, as the Chief Martial Administrator by the Third Proclamation issued on November 29, 1976, was made, beyond the ambit and in total disregard of the Constitution.
V) Appointment of Major General Ziaur Rahman as the President of Bangladesh on April 21, 1977, was made in violation and in total disregard of the Constitution.
VI) As such, all the Martial Law Proclamations, Martial Law Regulations including the Martial Law Regulation No.VII of 1977 and t he Martial Law Orders, were made by the usurpers of the office of President in violation and in total disregard of the Constitution, as such, illegal, void ab initio and nonest in the eye of law.
VII) Provision for amendment of the Constitution is provided for in Article 142 and can only be done in the manner provided therein but since the Fifth Amendment validated all illegal acts of the usurpers, under the clout of Martial Law, not only changing the basic structure as well as the character of the Constitution in its totality but rather, uprooted the Constitution, it was no amendment in the eye of law, but destruction of the Constitution altogether, as such, ultra vires in the Constitution. And the Rule was issued in the following terms:

“Let a Rule Nisi be issued calling upon the respondents to show cause as to why taking over the management of M/s. Moon Cinerma”11, Wiseghat, Dhaka by/under Notification No.186-51 dated 31st December, 1971 published in the Bangladesh Gazette, Extraordinary dated 3rd January, 1972 and its placement with respondent no.3 for management by Notification No. 1M-XV-36/72/531 dated 15th December, 1972 published in the Bangladesh Gazette Extraordinary dated 4th January, 1973 and all subsequent actions, deeds and documents relation thereto should not be declared to have been made without lawful authority and is of no legal effect and to further show cause as to why purported “ ratification and confirmation” of the Abandoned Properties (supplementary Provisions/ Regulation, 1977 (Martial Law Regulations No.VII of 1977 and Proclamations (Amendment) Order, 1977 (Proclamation Order No.1 of 1977) with regard to insertion of paragraph 3A to the Fourth Schedule of the Constitution by paragraph 18 of the Fourth schedule of the Constitution of the People’s Republic of Bangladesh added by the Constitution (Fifth Amendment) Act 1979-ct 1 of 1979) should not be declared to have been made without lawful authority and is of no legal effect and as to why the respondents should not be directed to hand over “Moon Cinema”, 11, Wiseghat Road, Dhaka with its assets and management to the petitioners or such other or further order or orders passed as to this Court may seem fit and proper.”
And their lordships held that:

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