Verdict on caretaker govt system on Thursday

High Court symbol

Dhaka, Nov 19 — The Appellate Division will deliver its judgment on Thursday on an appeal challenging its earlier verdict that abolished the caretaker government system for conducting national elections.

A seven-member bench led by Chief Justice Dr Syed Refaat Ahmed is scheduled to announce the 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.

Talking to reporters, lawyer Shishir Monir said holding the 13th parliament election under a caretaker government is not possible under constitutional provisions.

“A caretaker government must be formed within 15 days of dissolving Parliament. Parliament was dissolved more than a year ago. We hope the 14th National Parliament election will be held under a caretaker government,” he said.

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