There will be no obstacle in the way of restoration of the Constitution of the 1972, if the Appellate Division (AD) of the Supreme Court upholds the verdict of the High Court Division (HD) canceling the Fifth Amendment to the Constitution, said Minister for Law, Justice and Parliamentary Affairs Barrister Shafique Ahmed yesterday while talking to reporters at his office.

"If the verdict of the HD is upheld, the Constitution of 1972 will be restored automatically. In this case, there will be no need to bring amendment to the Constitution in some cases," he said. The Law Minster said, the four fundamental principles of the state policy mentioned in Article 8(1)-democracy, nationalism, secularism and socialism-would be upheld with restoration of the '72 constitution through cancellation of Fifth Amendment to the Constitution.

He said with the restoration of the '72 Constitution, politics based on religion would be banned and no organisation, association or party could be able to run their activities in the name of religion. Besides, the Law Minister said, the provision that focal point of state activities will depend on confidence and faith on Almighty Allah will also be repealed.

He, however, said that with the restoration of '72 Constitution, the state religion Islam would not be cancelled as it was introduced through the Eighth Amendment to the Constitution. "But if anyone wants cancellation of the provision, he/she will have to file a writ petition before the High Court," he said.

Replying to a question, the Law Minister said hearing on Bangabandhu murder case before the Appellate Division will start on October 5, the case would follow the Jail Killing case, then the case on the verdict of High Court cancellation of the Fifth Amendment may come for hearing. He said martial law was imposed in 1975 in a planned manner with a view to destroying the spirit of War of Liberation.

The Minister rejected the possibility to go back to the one party system saying that the Fifth Amendment to the Constitution was not restoration of the Fourth Amendment since it was done through referendum. Criticising the statement of BNP Secretary General Khondoker Delwar Hossain, he said seeking opinion from the Law Commission does not meant bringing amendment to the Constitution as the Commission does not enact law.

-New Nation