Govt may approach ICC to bring back Hasina, Kamal: Asif Nazrul
We know that elections under caretaker governments were generally free and fair, he says
The government is thinking about going to the International Criminal Court (ICC) for bringing back fugitive convicts ousted prime minister Sheikh Hasina and former home minister Asaduzzaman Khan Kamal from India, Law Adviser Asif Nazrul said today (20 November).
"We will hold a meeting soon to decide whether we can approach the International Criminal Court regarding the return of these convicted individuals," he said while speaking at a media briefing at the Foreign Service Academy in Dhaka.
The adviser also said the interim government plans to send a formal letter to India seeking the repatriation of Hasina and Kamal, who were recently sentenced to death in connection with crimes against humanity committed during last year's Mass Uprising.
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"These two individuals are now convicted. According to our bilateral agreements, a request will be sent to India for their repatriation. India should respect the Bangladeshi people's desire for justice by returning Hasina," he added.
Upcoming election to be held under interim govt, caretaker system effective from 14th national polls
Asif Nazrul said the upcoming national election will be held under the current interim government as the Appellate Division's verdict reinstating the caretaker government system will come into effect from the 14th parliamentary polls
The law adviser explained that although the court has revived the caretaker government provision, constitutional timelines make it impossible for the mechanism to operate during the upcoming election cycle.
"As per the Constitution, such a government must be formed within 15 days before or after the dissolution of parliament. Therefore, it can only be constituted after the next parliament completes its term. The 13th parliamentary elections will be held under the current interim government."
Asif Nazrul noted that the caretaker system was originally introduced through the 13th Amendment, and remained in place until 2011, when former chief justice ABM Khairul Haque declared it void.
"We know that elections under caretaker governments were generally free and fair. People could cast their votes, and the ruling party regularly lost those elections," he said.
He went on to say, "By cancelling the system, Khairul Haque shut the door on democratic practice. The Appellate Division has now restored that effective and trusted mechanism through a historic judgment."
Earlier in the day, the Appellate Division issued a ruling that prospectively restores the provision for the Election-time Non-Partisan Caretaker Government (NPCG) system in the Constitution.
The court announced that the NPCG system, originally inserted via the 13th constitutional amendment of 1996, has been "activated and revived". The court declared its satisfaction that the previous judgment was "tainted by several cited errors apparent on the face of the record", thereby setting it aside in its entirety.
The ruling dictates the following timeline for the two upcoming elections. The 13th parliamentary election, due in February next year, will be held under the incumbent interim government, while the 14th national polls will be serviced by the restored caretaker government system, which will be fully implemented and operational starting from this election.
Draft of Supreme Court Secretariat Ordinance gets govt nod
The law adviser said that the draft of Supreme Court Secretariat Ordinance 2025 to set up a separate secretariat of the higher court, was given final approval in the meeting of the Council of Advisers today.
"You can say that today we have completed the full implementation of the verdict in the Masdar Hossain case and the final step for establishing the full independence of the judiciary," he said.
Asif Nazrul said the civil society has been harbouring a desire for establishment of a separate secretariat for the Supreme Court for the last 20-30 years in a bid to ensure the complete independence of the judiciary.
