A freedom fighter today filed an appeal with the Appellate Division challenging the High Court judgement that Bangabandhu Sheikh Mujibur Rahman declared the independence of the country, not Ziaur Rahman.

Retired wing commander Hamidullah Khan, also a BNP leader, filed the provisional leave-to-appeal seeking an order staying the HC verdict. Hearing of the petition may be held tomorrow. In the petition, Hamidullah said Ziaur Rahman first declared the independence from Kalurghat Radio Station on March 27 in 1971.

A two-judge bench of justices ABM Khairul Haque and Mamotaz Uddin Ahmed also ordered the cancellation of Bangladesh Liberation War Documents (Bangladesher Swadhinata Juddho Dalilpatra) that presented Ziaur Rahman, then a major in the Pakistan army, as the "declarer of independence".

The High Court verdict was given on a public interest litigation by freedom fighter MA Salam. The verdict had also said those who were involved in such distortion of history have violated the constitution and the government could take punitive measures against them.

The High Court directed the government to include true history in textbooks at all level. "By reviewing international and national newspapers and other documents, the court has established the truth that it was Bangabandhu Sheikh Mujibur Rahman who proclaimed the independence," additional attorney general M Inayetur Rahim told media in his reaction.

"This verdict has washed away the plot to distort the history of the independence proclamation by the anti-liberation quarter for long time," he said. The writ petitioner Salam said, "The truth has won. Now the next generation will know the true history of independence proclamation.