Hearing on appeal against caretaker government abolition enters fourth day
Permission for appeal was granted on 27 August after hearing applications seeking a review of the verdict that had abolished the caretaker government system.
The appellate hearing on an appeal seeking the restoration of the election-time caretaker government system entered its fourth day today (28 October) at the Appellate Division of the Supreme Court.
The hearing began in the Appellate Bench led by Chief Justice Syed Refaat Ahmed. Advocate Shishir Monir presented arguments on behalf of the secretary general of Bangladesh Jamaat-e-Islami.
Earlier, Advocate Sharif Bhuiyan argued for three consecutive days, from 21 to 23 October, on behalf of Badiul Alam Majumdar and four others.
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Advocate Ehsan A Siddique also argued as an intervener, while Advocate Shishir Monir presented partial arguments on Thursday (23 October).
Permission for appeal was granted on 27 August after hearing applications seeking a review of the verdict that had abolished the caretaker government system.
The 13th Amendment to the Constitution, which introduced the caretaker government system, was passed in the National Parliament in 1996.
Challenging its legality, three lawyers including Advocate M Salim Ullah filed a writ petition with the High Court in 1998.
On 4 August 2004, the High Court dismissed the writ and declared the caretaker government system valid. The petitioners then appealed against the verdict in 2005.
After hearing the appeal, a seven-member bench of the Appellate Division delivered its judgment on 10 May 2011, cancelling the 13th Amendment by a majority decision.
Following the verdict, the 15th Amendment to the Constitution was passed in Parliament on 30 June 2011, formally abolishing the caretaker government system. The gazette notification was published on 3 July that year.
After the change of government on 5 August, five individuals, including Badiul Alam Majumdar, secretary of SHUJAN (Citizens for Good Governance), applied for a review of the Appellate Division's verdict. The other petitioners are Tofail Ahmed, M Hafizuddin Khan, Jobairul Haque Bhuiyan, and Zahra Rahman.
BNP Secretary General Mirza Fakhrul Islam Alamgir filed a separate application on 16 October seeking a review of the verdict, while Jamaat-e-Islami Secretary General Professor Mia Ghulam Parwar submitted another review petition on 23 October last year.
In addition, freedom fighter Md Mofazzal Hossain of Raninagar, Naogaon, also filed a review application last year regarding the same verdict.
