'This is a case of an entire population,' HC says on rule questioning 15th Amendment
On 19 August, the High Court asked the government to explain why abolishing the caretaker system should not be declared illegal
While hearing a rule on the legality of the 15th Amendment, which abolished the caretaker system, the High Court said today (6 November) that the case is no longer about any particular party but concerns the entire population of the country.
"Yes, this case is not of any party; it is the case of the entire people of Bangladesh. The client in this case is the entire people of Bangladesh," said the division bench comprising Justice Farah Mahbub and Justice Debashish Roy Chowdhury.
The comments came after Barrister Ruhul Quddus Kajal, who represented the BNP at the hearing, said, "My Lord, even though we are involved in this case in different ways, there is no conflict among parties; this is an important case for the country."
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Advocate Zainul Abedin also participated in the hearing on behalf of the BNP regarding the rule issued in response to a writ petition seeking annulment of the constitutional amendment.
On 19 August, the High Court asked the government to explain why abolishing the caretaker system should not be declared illegal, following a writ petition moved by Badiul Alam Majumdar, secretary of SHUJAN, and four others.
On the second day of the hearing on the rule, lawyer Sharif Bhuiyan presented arguments on behalf of the SHUJAN secretary. Calling it a "motivated amendment," he said, "The 15th Amendment was introduced to prevent fair and impartial elections, allowing the same government to remain in power repeatedly."
The court then set today for further hearing on the ruling.
The 15th Amendment not only abolished the caretaker government system but also increased the number of reserved seats for women in parliament from 45 to 50.
It also introduced a provision that criminalised the unconstitutional seizure of state power as treason, with the relevant person found guilty of treason subject to the maximum punishment.
Additionally, while the previous provision required elections to be held within 90 days of the expiry of parliament's term, the amendment stipulated that elections must be held within the preceding 90 days.
During today's hearing, lawyers Badruddoza Badal and Farzana Sharmin Putul also represented the BNP, Advocate Mohammad Shishir Monir represented the Jamaat, and lawyers Abdur Rauf and Ishrat Hasan represented the Insaniyat Biplab party.
Attorney General Md Asaduzzaman, Additional Attorney General Mohammad Arshadur Rauf, and Deputy Attorney General Md Asad Uddin represented the state.
The 15th Amendment to the Constitution was introduced during the period of the Awami League government, with the amendment bill passed by parliament on 30 June 2011 and a gazette published on 3 July 2011.
The BNP and the Jamaat participated in the rule hearing, while the registered political party Insaniyat Biplab also joined it last Wednesday. ***
