36 years ago, the High Court announced the direct rejection of the writ petition challenging the state religion of Islam. In the observation of the judgment, the High Court said that the state religion Islam is not in conflict with the Constitution. Islam as a state religion does not violate the basic structure of the constitution.
A copy of the 52-page judgment was released on Thursday (April 25) after the judges who delivered the judgment signed it.
Earlier, a three-judge larger High Court bench headed by Justice Naima Haider signed the copy of the judgment. The other two judges of the bench were - Justice Kazi Reza-ul Haque and Justice Md. Ashraful Kamal
Three judges agreed with the decision to dismiss the writ. However, the junior judge of the bench Justice Ashraful Kamal gave a separate observation in the judgment.
The observation written by the bench's Senior Justice Naima Haider said that Islam as the state religion enshrined in Article 2(a) of the Constitution is not inconsistent with any other provision, not only the fundamental principles mentioned in the preamble of the Constitution. Although Islam is given 'state religion status' in the constitution, there is no obligation to give political status to the state. Article 2(a) must be read as a whole and it is clear that the inclusion of the concept of making Islam the state religion in no way undermines the constitutional rights of people of different faiths. It also does not affect the basic structure of the Constitution and does not create redundancy in the Constitution.
The impugned amendment also does not affect the concept of state religion as inserted in the Constitution, the judgment said. Therefore, we hold that recognition of Islam as the state religion by inserting Article 2(a) through the impugned amendment is not unconstitutional. In an attempt to simplify the matter, we have discussed the reasoning presented in our judgment.
Incidentally, the then President Hussain Muhammad Ershad added Islam as the state religion to the Constitution through the Eighth Amendment in 1988. Article 2(a) added to the constitution states that the state religion of the republic shall be Islam, but other religions may be practiced in peace in the republic.
Then 15 persons filed a writ petition in the High Court challenging the validity of that provision on behalf of the Committee for Prevention of Dictatorship and Communalism. Many of them died. They are- Former Chief Justice Kamaluddin Hossain, Justice Debesh Chandra Bhattacharya, Justice KM Sobhan, Poet Sufia Kamal, Professor Khan Sarwar Murshid, Senior Advocate Syed Ishtiaq Ahmed, Professor Kabir Chowdhury, Artist Kalim Sharafi, Professor Mosharraf Hossain, Journalist Faiz Ahmed, Professor Sirajul Islam Chowdhury, Sector Commander CR Dutta, Writer Badruddin Umar, Professor Borhanuddin Khan Jahangir and Professor Anisuzzaman.