The High Court yesterday rejected a writ petition that questioned the legality of the constitutional provision that recognises Islam as the state religion of the country.
The bench of Justice Md Emdadul Haque and Justice Muhammad Khurshid Alam Sarkar passed the order upholding Islam as the state religion, Deputy Attorney General Khorshedul Alam said.
Supreme Court lawyer Samendra Nath Goswami filed the petition mentioning that the provision of state religion, introduced through the Eighth Amendment to the Constitution in 1988, was against the basic secular structure of the state.
He also sought justification of retaining the clause even though the government had restored secularism through the 15th Amendment to the Constitution in 2011.
The petitioner sought a ruling asking the government as to why the clause should not be declared contradictory with the constitution. The law secretary was made respondent in the petition.
The court heard the matter on August 30 and set yesterday for order.
During the hearing, Deputy Attorney General Murad Reza opposed the petition. He told the court that the constitution ensures equal rights and dignity for the people of all religions including Hindus, Christians and Buddhists.
Former law minister Shafique Ahmed in February 2011 said that the co-existence of state religion and secularism was not contradictory with the constitution. But on April 4, 2009, Shafique had slammed Jatiya Party chief HM Ershad for introducing state religion in violation of the nation’s core principles, particularly secularism, of the country’s 1972 constitution.
Prime Minister Sheikh Hasina in January 2010 had said that state religion would remain as it is in the constitution.
Fifteen distinguished citizens including Prof Anisuzzaman filed another writ petition against the state religion provision in 1988. The matter is pending with the High Court.