134
to be noted that in a democratic country and under a
written constitution, an amendment is made by the
Parliament and not by the Law Minister. Admittedly a
constitution amendment committee was constituted and
the said committee discussed with various segments of
the people including the constitutional experts. The
committee took one year in finalising the amendment
and therefore, it is not correct to say that this
omission was unintentional.
It
is
contended
by
learned
Attorney
General,
learned Additional Attorney General and Mr. Ajmalul
Hossain that in the Fifth Amendment case, there was
condonation of clauses (2) to (7) of article 96 and
in
the
condoned
review
those
petition,
this
provisions
in
court
provisionally
order
to
avoid
disastrous consequence, and therefore, this provision
has neither been acquiesced by the Parliament nor by
this court. On the other hand, Mr. Manzill Murshid
and other learned Amici submitted that this court in
the Fifth Amendment case has approved clauses (2),
(3), (4), (5), (6) and (7) of article 96 substituted
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