The Supreme Court yesterday declared the military rule of HM Ershad illegal in a verdict that also said the actions taken by his regime will remain effective until their fate is decided by parliament.
A six-member SC bench, headed by Chief Justice ABM Khairul Haque, upheld a High Court judgment knocking off the 7th amendment to the constitution that validated Ershad's illegal military regime.
Ershad, an army chief-turned-president, seized power in a military coup on March 24, 1982 ousting the elected government of President Justice Abdus Sattar.
His martial law regime continued until November 10, 1986 when a parliament loyal to him legitimised his takeover of power. He became president in a controversial election and continued to be so until 1990 when a mass upsurge ousted him.
“All proclamations, Martial Law Regulations, Martial Law Orders, made/promulgated during the period between 24th March, 1982 and the date of commencement of the Constitution (Seventh Amendment) Act, 1986 (Act 1 of 1986) are hereby declared illegal and void….,” the SC said in its brief verdict.
The apex court, however, provisionally condoned all acts, things, deeds and transactions and proceedings during the military rule of Ershad between March 24, 1982, and November 10, 1986.
Legal experts said this means the acts, deeds, actions, transactions and proceedings during the period will remain in force until parliament takes decisions on these.
The SC condoned forever the international treaties, which were made during that period.
The controversial 7th amendment was first challenged by Siddique Ahmed, a 64-year-old ordinary man from Chittagong , who was sentenced to life imprisonment by a martial law court in 1986 in a murder case.
A six-member SC bench, headed by Chief Justice ABM Khairul Haque, upheld a High Court judgment knocking off the 7th amendment to the constitution that validated Ershad's illegal military regime.
Ershad, an army chief-turned-president, seized power in a military coup on March 24, 1982 ousting the elected government of President Justice Abdus Sattar.
His martial law regime continued until November 10, 1986 when a parliament loyal to him legitimised his takeover of power. He became president in a controversial election and continued to be so until 1990 when a mass upsurge ousted him.
“All proclamations, Martial Law Regulations, Martial Law Orders, made/promulgated during the period between 24th March, 1982 and the date of commencement of the Constitution (Seventh Amendment) Act, 1986 (Act 1 of 1986) are hereby declared illegal and void….,” the SC said in its brief verdict.
The apex court, however, provisionally condoned all acts, things, deeds and transactions and proceedings during the military rule of Ershad between March 24, 1982, and November 10, 1986.
Legal experts said this means the acts, deeds, actions, transactions and proceedings during the period will remain in force until parliament takes decisions on these.
The SC condoned forever the international treaties, which were made during that period.
The controversial 7th amendment was first challenged by Siddique Ahmed, a 64-year-old ordinary man from Chittagong , who was sentenced to life imprisonment by a martial law court in 1986 in a murder case.
The SC voided the trial and conviction of Siddique and ordered his release on bail from jail in Chittagong.


No comments:
Post a Comment