Supreme Court publishes complete 17 Dec HC verdict that revived caretaker govt system
On 17 December last year, the High Court declared illegal the 15th amendment, which abolished the caretaker government system
The complete 17 December High Court verdict, which reinstated the caretaker government system, has been published.
The 139-page complete verdict was published on the Supreme Court's website today (8 July).
On 17 December last year, the High Court declared illegal the 15th amendment, which abolished the caretaker government system.
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The High Court bench of Justice Farah Mahbub and Justice Debasish Roy gave the verdict after hearing two writ petitions filed in this regard.
While pronouncing the verdict, the High Court bench observed that the caretaker government is being revived as that is the will of the whole nation.
The national elections in the years 2014, 2018 and 2024 were criticised as controversial, especially after former prime minister Sheikh Hasina swept to power for a fourth consecutive term in Bangladesh, following the 7 January polls this year that was boycotted by opposition parties and marked by international scrutiny.
On 5 December last year, the bench of Justice Farah Mahbub and Justice Debashish Roy Chowdhury set the date for delivering the verdict after concluding hearings on the petition.
On 19 August, the High Court asked the government to explain why abolishing the caretaker system should not be declared illegal, after hearing the petition filed by Badiul Alam Majumdar, secretary of Shushashoner Jonno Nagorik (SHUJAN), and four others.
Later, extensive hearings were held over several dates, including 30 October, 6, 7, 10, 13, 14, 20, 25, 27 and 28 November, and 1 December.
Additionally, on 29 October last year, the same High Court bench issued a separate rule following a writ filed by freedom fighter Mofazzal Hossain of Naogaon's Raninagar, challenging the validity of 17 provisions of the 15th amendment.
This rule questioned why these provisions should not be declared inconsistent with the constitution. The High Court also heard arguments on this rule on 4 December.
Meanwhile, a few political parties, including BNP and Jamaat-e-Islami and some SC lawyers also placed arguments before the HC against the 15th amendment and in favour of the caretaker government system
The 15th Amendment to the constitution was introduced during the Awami League government, with the bill passed on 30 June 2011, and a gazette published on 3 July 2011.
The amendment abolished the caretaker government system and increased the number of reserved seats for women in parliament from 45 to 50.
It also criminalised the unconstitutional seizure of state power as treason, punishable by the maximum penalty, constitutionally recognised Sheikh Mujibur Rahman as the Father of the Nation, restored secularism and religious freedom, and reintroduced nationalism, socialism, democracy, and secularism as state principles.
Additionally, it changed the election timeline, requiring elections to be held within the 90 days preceding the end of parliament's term, instead of within 90 days after the term's expiry.
