SC reinstates caretaker govt system in BD Constitution

High Court symbol

Dhaka, Nov 20 -The Appellate Division on Thursday ordered that the caretaker government system be reinstated in the Constitution of the country, declaring the 13th amendment to the constitution as legal.

A seven-member bench led by Chief Justice Dr Syed Refaat Ahmed passed the order in the packed court.

The other bench members are Justice Md. Ashfaqul Islam, Justice Zubayer Rahman Chowdhury, Justice Md. Rezaul Haque, S. M. Emdadul Hoque, Justice AKM Asaduzzaman, and Justice Farah Mahbub.

The apex court in its observation said that the next national election would be held under the interim government and the caretaker government system would be applied from the 14th national election.

After ending the hearing on November 11, the court set November 20 to deliver the final verdict.

The appeal hearings were conducted by senior lawyer Zainul Abedin and Barrister Ruhul Quddus Kajal on behalf of the BNP Secretary General; Mohammad Shishir Monir on behalf of Jamaat; and senior lawyer Sharif Bhuiyan for five prominent citizens.

Attorney General Md Asaduzzaman represented the state.

Earlier, on August 27, the Appellate Division allowed the filing of an appeal against the verdict that abolished the caretaker government system.

The hearing of the appeal to restore the caretaker government system began on October 21.

The caretaker system was introduced into the Constitution through the 13th Amendment in 1996.

Later, three lawyers, including Advocate M Salim Ullah, filed a writ petition challenging the amendment in 1998.

The petition was dismissed in 2004, and the petitioners appealed in 2005.

Acting on that appeal, a full bench of the Appellate Division delivered a verdict on May 10, 2011, declaring the 13th Amendment null and void.

Following the verdict, the 15th Amendment Act, which abolished the caretaker government system along with several other changes, was passed in Parliament on June 30, 2011, with the gazette notification published on July 3 that year.

After the change of government, five prominent individuals, including Shushashoner Jonno Nagorik (SUJAN) Secretary Dr Badiul Alam Majumdar, filed an appeal on August 5 last year seeking a review of the verdict.

The other petitioners were Tofail Ahmed, M Hafizuddin Khan, Zobairul Haq Bhuiyan and Zahra Rahman.

Meanwhile, BNP Secretary General Mirza Fakhrul Islam Alamgir filed a review petition on October 16, followed by another from Jamaat-e-Islami Secretary General Prof Mia Golam Parwar on October 23. - UNB