The petition, moved by his counsel Taniya Amir, says the charge was brought against him grossly abusing Section 124A of Bangladesh Penal Code and the section was inconsistent with the constitution and its basic structure.

The petition says there is no anti-state element in the sedition case, adding the government and state are not similar things.

The High Court Division Bench will hear the petition tomorrow.

The petition says any pre-constitutional legislation, especially the section, engineered by colonial rulers to suppress people from enjoying democracy, freedom of assembly and speech and to suppress uprising against the then government, albeit established by law, will have to stand the constitutional test of post-independence Bangladesh.

The petitioner challenged the entire criminal proceedings against him, saying they were brought without prior sanction necessary before initiating such an action against the holder of a constitutional office enjoying the privileges of a Supreme Court Judge.

The petition says the alleged offence was committed by 'people' at large, but the government excluded all others, including the architect of the Janatar Mancha, and singled out the petitioner along with the co-accused with mala fide intent.

The government filed the sedition case against eight people on April 8, 2002 which is pending with the Metropolitan Sessions Judge's Court, Dhaka.

Some opposition political leaders, government officials and professionals put up the platform against the then BNP government of Prime Minister Khaleda Zia in the wake of 'sham polls' of February 15, 1996.