Dhaka, Aug 26 (V7N) – The Appellate Division of the Supreme Court has begun hearing a series of review petitions challenging its 2011 verdict that abolished the caretaker government system from the Constitution.

The hearing started on Tuesday morning in a bench headed by Chief Justice Syed Refaat Ahmed.

The petitions were filed by the BNP, Jamaat-e-Islami, Sushasane-e-Nagorik (Sujon) and several prominent individuals, including Sujon Secretary Dr. Badiul Alam Majumder, BNP Secretary General Mirza Fakhrul Islam Alamgir, and Jamaat Secretary General Professor Mia Golam Parwar. Other petitioners include Tofail Ahmed, M Hafizuddin Khan, Jobairul Haque Bhuiyan, Zahra Rahman, and freedom fighter Md. Mofazzal Hossain of Naogaon.

Background of the Case

  • The Thirteenth Amendment to the Constitution introduced the caretaker government system in 1996.

  • In 1998, three lawyers, including Advocate M. Salimullah, filed a writ in the High Court challenging its validity.

  • On August 4, 2004, the High Court dismissed the writ and upheld the system.

  • Following an appeal, a seven-member Appellate Division bench led by then Chief Justice ABM Khairul Haque declared the Thirteenth Amendment null and void on May 10, 2011, by majority opinion.

  • Subsequently, the Fifteenth Amendment was passed on June 30, 2011, officially abolishing the caretaker system. The gazette was published on July 3, 2011.

Latest Developments

  • After the change of government on August 5, several prominent citizens, including Sujon leaders, submitted review petitions seeking reinstatement of the caretaker government.

  • BNP Secretary General Mirza Fakhrul Islam Alamgir filed his petition on October 16 last year.

  • Jamaat leader Mia Golam Parwar submitted another on October 23.

  • Freedom fighter Mofazzal Hossain also lodged a review petition later in the year.

The Appellate Division will continue hearing arguments from the petitioners and the state in the coming days.

END/SMA/AJ