The High Court (HC) on Monday rejected a writ petition challenging the legality of Article 2A of the constitution that declared Islam as the state religion.
A three-member HC bench led by Justice Naima Haider passed the order. The two others members of the bench are Justice Quazi Reza-Ul Haque and Justice Ashraful Kamal.
While passing its order today, the High Court bench said that the petitioners do not have the right to file the writ petition.
15 eminent citizens including retired chief justices, writers, educationalists, freedom fighters and a journalist filed the writ petition on August 30, 1988 after the passage of the Eighth Amendment Bill on June 7, 1988.
Following the writ petition, the HC on June 11, 2011 issued a rule asking the government to explain why the insertion of Article 2A by the eighth amendment to the constitution in 1988 would not be declared unconstitutional and void.
The bench had also appointed 11 senior Supreme Court lawyers as amici curiae (court’s friends) to seek their opinions on the issue.
Article 2A was incorporated into the constitution during the regime of deposed military ruler HM Ershad through the eighth amendment to the constitution on June 9, 1988.
The present government also retained the Article 2A inserting some words while making the 15th amendment to the constitution on July 3, 2011.
The amended Article 2A stipulates, ‘The state religion of the Republic is Islam, but the State shall ensure equal status and equal right in the practice of the Hindu, Buddhist, Christian and other religions.’
Before the amendment, the article read, ‘The state religion of the Republic is Islam, but other religion may be practiced in peace and harmony in the Republic.’
Source : samakal
