Mirror Desk
The Appellate Division of the Supreme Court is set to pronounce its verdict on Thursday regarding an appeal seeking reinstatement of the caretaker government system for national elections, more than a decade after the mechanism was declared unconstitutional.
A seven-member bench headed by Chief Justice Syed Refaat Ahmed is scheduled to announce the judgment.
Who Represented Whom at the Hearing
During the hearings, senior lawyers Zainul Abedin and Barrister Ruhul Quddus Kajal argued on behalf of the BNP secretary general. Advocate Mohammad Shishir Monir represented Jamaat-e-Islami, while senior lawyer Sharif Bhuiyan stood for five prominent citizens who joined the appeal.
Attorney General Md Asaduzzaman represented the state.
Speaking to the media, lawyer Shishir Monir remarked that constitutionally, the 13th parliamentary election can no longer be held under a caretaker government, since such a government must be formed within 15 days of dissolving Parliament.
“Parliament was dissolved over a year ago. Therefore, we expect that the 14th National Parliament election will instead be held under a caretaker government,” he said.
Background of the Case
On August 27, the Appellate Division permitted the filing of an appeal against its earlier verdict that nullified the caretaker government system.
The appeal hearings officially began on October 21.
The caretaker government provision originally entered the Constitution through the 13th Amendment in 1996. However, in 1998, a writ petition was filed; led by Advocate M. Salim Ullah, challenging the amendment.
Though the petition was dismissed in 2004, the petitioners appealed in 2005, leading to the historic May 10, 2011 verdict in which the Appellate Division declared the amendment illegal.
Following the ruling, the 15th Amendment Act was passed on June 30, 2011, formally abolishing the caretaker government system. The gazette was issued on July 3 of that year.
Why the Case Returned
After the recent change of government, five prominent civil society figures, including Badiul Alam Majumdar of Shushashoner Jonno Nagorik, filed an appeal on August 5 last year, requesting a review of the 2011 verdict.
The other petitioners are Tofail Ahmed, M. Hafizuddin Khan, Zobairul Haq Bhuiyan, and Zahra Rahman.
Additionally, BNP secretary general Mirza Fakhrul Islam Alamgir filed his own review petition on October 16, followed by another from Jamaat-e-Islami secretary general Professor Mia Golam Parwar on October 23.
The verdict on these appeals will be announced Thursday.
