Appellate Division grants leave-to-appeal on caretaker government abolition, sets hearing for 21 Oct
SC wants long-term solution, says chief justice
The Appellate Division of the Supreme Court has granted leave-to-appeal against the verdict on the abolition of the caretaker government.
The court will hear the appeal again, with the hearing scheduled for 21 October.
After a review hearing challenging the Appellate Division's verdict that previously abolished the caretaker government system, a seven-member bench led by Chief Justice Syed Refaat Ahmed issued the order on Wednesday (27 August).
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During the hearing, the chief justice said the Appellate Division does not aim to restore the caretaker government as a temporary solution.
Instead, the apex court seeks an effective resolution regarding the election-time government so that it is not repeatedly disrupted.
He said the solution should have far-reaching effects on the establishment of democracy in the country.
"If the caretaker system is reinstated, when will it come into effect?" he posed the question.
The chief justice said the Appellate Division wants an effective solution regarding the caretaker government system so that it is not repeatedly disrupted.
This morning, the second day of the review hearing began over the verdict that had nullified the 13th Amendment to the Constitution, which had introduced the caretaker government system.
Barrister Ruhul Quddus Kazal and Advocate Mohammad Shishir Manir presented arguments in favour of the petition; Attorney General Md Asaduzzaman represented the state.
After the verdict, the attorney general said the Appellate Division could provide new observations on the caretaker government regarding how it would be effective following the verdict.
The attorney general said, "Over the past one and a half decades, the people of the country have been exploited rather than governed, facing enforced disappearances, extrajudicial killings, and political persecution.
"The systems meant to protect them were destroyed, leaving people without justice."
This, he said, led to the fall of the Awami League through the 2024 mass uprising, which also determined who would become chief justice and who would become the head of government.
Yesterday, the Appellate Division began hearing four applications filed by two political parties and six individuals seeking a review of the verdict that cancelled the caretaker government system.
Previously, on 11 February, the Appellate Division adjourned the hearing on the applications.
The caretaker government system, introduced by the 13th Amendment to the Constitution, was declared null and void by a seven-member full bench of the Appellate Division on 10 May 2011.
The verdict came while allowing an appeal against a High Court ruling upholding the amendment.
Later, several review petitions were filed seeking reconsideration of the landmark verdict. BNP Secretary General Mirza Fakhrul Islam Alamgir filed one such petition in October last year.
Additionally, Jamaat-e-Islami Secretary General Mia Golam Parwar filed another review petition on 23 October last year.
Earlier, five eminent citizens, including Shushashoner Jonno Nagorik (Citizens for Good Governance) Secretary Badiul Alam Majumdar, also sought a review of the verdict. The others are Tofail Ahmed, M Hafizuddin Khan, Zobairul Haq Bhuiyan and Zahra Rahman.
Additionally, freedom fighter Md Mofazzal Hossain from Naogaon filed two separate review petitions last year, one challenging the Appellate Division verdict on the 13th Amendment and another regarding the Fifth Amendment.
