Caretaker govt: Appellate Division fixes 20 Nov for verdict

The Appellate Division of the Supreme Court will deliver its verdict on 20 November on appeals seeking the reinstatement of the election-time caretaker government system.

A seven-member full bench of the Appellate Division, headed by Chief Justice Dr Syed Refaat Ahmed, fixed the date after completing hearings today (11 November).

Earlier, on 6 November, the Appellate Division adjourned the hearings on the appeal challenging its previous judgment that abolished the non-party caretaker government system for holding national elections.

On 27 August, the court granted leave to appeal against its 2011 verdict that declared the 13th Amendment, which had introduced the caretaker system, unconstitutional. The court's order came after hearing multiple review petitions seeking to reinstate the amendment and revive the caretaker provision.

Four review petitions have been filed in total by BNP Secretary General Mirza Fakhrul Islam Alamgir, Jamaat Secretary General Mia Golam Porwar, five prominent citizens, including SHUJAN Secretary Dr Badiul Alam Majumdar, and freedom fighter Mofazzal Hossain. All petitions were heard together.

The court conducted hearings over nine days - on 21, 22, 23, 28, 29 October, and 2, 4, 5, and 6 November.

During these sessions, submissions were made by Dr Sharif Bhuiyan on behalf of the five citizens, including Dr Badiul Alam Majumdar, Advocate Ehsan A Siddiq as an intervenor, Advocate Shishir Monir for Jamaat-e-Islami, Advocate SM Shahriar for freedom fighter Mofazzal Hossain, and senior lawyers Zainul Abedin and Ruhul Quddus on behalf of BNP Secretary General Mirza Fakhrul Islam Alamgir. 

The state was represented by Attorney General Md Asaduzzaman.

Speaking to journalists after the verdict date was fixed, Jamaat's counsel Mohammad Shishir Monir said, "We expect that the verdict to be announced on 20 November will reflect the acceptance of the caretaker government concept first introduced in 1984. The Appellate Division's ruling will hopefully pave the way for its reinstatement in the Constitution."

He added, "We believe the caretaker government system will be reintroduced into the Constitution through the Appellate Division's declaration. While the upcoming 13th parliamentary election may not be held under this system, we expect the 14th general election to take place under a caretaker government. A credible election is crucial for true democracy, and such credibility is not possible without a caretaker government."

The caretaker government system was incorporated into the Constitution through the 13th Amendment passed by Parliament in 1996. However, in 2011, the Appellate Division - by a majority verdict - declared the amendment unconstitutional, leading to the abolition of the caretaker provision through the 15th Amendment, passed on 30 June 2011.

Following the political transition on 5 August, Dr Badiul Alam Majumdar and four others - Tofail Ahmed, M Hafizuddin Khan, Jobairul Haque Bhuiyan, and Zahra Rahman - filed a review petition seeking reconsideration of the 2011 judgment.

BNP Secretary General Mirza Fakhrul Islam Alamgir filed a separate petition on 16 October, followed by Jamaat-e-Islami Secretary General Professor Mia Golam Porwar on 23 October last year, and freedom fighter Md Mofazzal Hossain from Naogaon's Raninagar, submitting another plea later that year.

In December last year, the High Court declared the abolition of the caretaker government system unconstitutional. After the ruling, Attorney General Md Asaduzzaman told reporters that the verdict had effectively restored the caretaker system as part of the Constitution.