Dhaka, Nov 4 (bdnews24.com)—Senior Awami League leaders told parliament on Wednesday the party will try to reverse to the original constitution framed in 1972 where 'secularism' was one of the four original principles of state policy. But, they said they will also retain Quranic expression 'bismillah' in the preamble and Islam as state religion. Democracy, socialism, and nationalism are the other original ideas. Deputy leader of the House Syeda Sajeda Chowdhury, MP Sheikh Fazlul Karim Selim and others spoke in favour of going back to 1972 constitution which has been changed 14 times. Military governments amended the 1972 law several times to give constitutional cover to their rule and insulate killers of the nation's founding father 'Bangabandhu' Sheikh Mujibur Rahman from trial. Parliament on Wednesday held an unscheduled discussion on it. Ziaur Rahman, the first military ruler, did away with secularism as he tried to lure Islamists to back his political ambition. Another authoritarian general, H M Ershad, introduced Islam as state religion to hang on to power. A 2005 High Court ruling had held as unconstitutional the Fifth Amendment under which 'bismillah' was included and 'secularism' dropped. The judgement has been challenged before a bench of the Appellate Division. The ruling party leaders blamed BNP's founder, military strongman Ziaur Rahman and Khandker Mushtaque Ahmed for changing the secular character of 1972 constitution illegally through martial law proclamations and orders. All those came after the assassination of independence hero Sheikh Mujibur Rahman in 1975. "We will again pass the 1972 constitution," Syeda Sajeda Chowdhury told parliament Wednesday marking the Constitution Day when the new-born nation adopted a constitution. "Ziaur Rahman brought Ghulam Azam ( former Jamaat-e-Islami chief and alleged war criminal) to the country (from Pakistan) and his wife (Khaleda Zia) gave him citizenship. They made people who opposed and fought against the nation's independence ministers, she added. "Who gave them the right?" Sajeda asked. "Military ruler Ziaur Rahman dissected the (1972) constitution by military orders and changed the four fundamental principles of the constitution," Selim said. "Ziaur Rahman changed Article 38 of the constitution with a view to allow the anti-liberation forces such as [Jamaat-e-Islami] and the Muslim League to do politics in Bangladesh," he said. Selim said the nation must vow not to see any military rule in future. "We will try to restore the 1972 constitution keeping the religious guidelines in tact. Because, [changing the religious guidelines] will hurt people's sentiment," he said. General Zia wrested power in a counter-coup on Nov 7, 1975. Zia changed the preamble of the constitution and inserted 'Bismillah-ar-Rahiman-ar-Rahim (In the name of Allah, the Beneficent, the Merciful) and "absolute trust in Almighty Allah" in the constitution. The change to the article 38 politically rehabilitated the anti-liberation parties. Zia's constitution amendment order is known as Fifth Amendment. The orginial Article 38 had banned religion-based political parties in the Bangladesh. Another military ruler H M Ershad in 1986 made Islam the state religion. The main opposition BNP and its allies have been opposing restoration of the 1972 constitution. "The High Court has declared the Fifth Amendment illegal. The issue is pending at the Appellate Division," said Suranjit Sengupta, who was one of the members of the constituent assembly that adopted the constitution. "If the Supreme Court upholds the High Court's verdict, we will go back to the 1972 constitution." He accused politicians and judges of backing the military rulers in tampering with the spirit of the original constitution. "Every army chief would have a president and a justice with him. And we were like their brother-in-laws." Sengupta said, "We, who were in the constituent assembly, were the 'Fathers of Constitution'. "The army chiefs would come and change the constitution. There is no such example in the world. No-one has the right to change a single word of the constitution. "Ziaur Rahman came from nowhere and made amendments to the constitution at gunpoint," he added. Sengupta stressed, "The constitution of 1972 will be restored in this ninth parliament following the Supreme Court verdict. No public votes will be needed and all ordinances will be annulled." "Bangladesh will stand on one ideology—secular and democratic politics. Khaleda Zia and Nizami will have to do politics abiding by this and upholding the constitution of '72," he added. Senior Awami League MP Amir Hossain Amu also talked in favour of restoring the 1972 constitution. Post and telecommunication minister Razi Uddin Ahmed Razu, Imaj Uddin Pramanik, Abdul Matin Khasru and Iqbalur Rahim also spoke. On Aug 29, 2005, the High Court in a landmark ruling declared that the Fifth Amendment and the martial law regulations proclaimed between Aug 15, 1975 and June 1979 were illegitimate. The Fifth Amendment involves declaration of martial law and takeover of Zia and all his acts since August 15, 1975. Apart from Zia's period, it also involves the reigns of presidents Khandaker Mushtaque Ahmed and A S M Sayem. bdnews24.com/krc/bd/2134h. |