The Supreme Court’s full appellate bench on Sunday continued its sixth day of hearings on appeals seeking to restore Bangladesh’s caretaker government system during national elections, a pivotal case that could reshape the country’s political framework ahead of the next polls.
The seven-member bench, headed by Chief Justice Dr Syed Refaat Ahmed, heard arguments from senior lawyer Zainul Abedin, representing the BNP, while Attorney General Md Asaduzzaman appeared for the state.
The hearings, which began on October 21, have seen several major political and civil society petitioners present their cases, including Citizens for Good Governance (SUJAN) Secretary Badiul Alam Majumdar, BNP Secretary General Mirza Fakhrul Islam Alamgir, and Jamaat-e-Islami Secretary General Professor Mia Golam Parwar.
The court reopened the debate after granting permission in August to appeal the 2011 verdict that had annulled the 13th constitutional amendment, which established the caretaker government system in 1996.
The amendment had ensured neutral, non-partisan administrations to oversee general elections, but it was struck down in 2011 by the then Appellate Division as unconstitutional.
Following that ruling, the Awami League-led government passed the 15th amendment, allowing elections to be held under an incumbent government.
Three subsequent national elections were held under that system, until the government’s overthrow on August 5, 2024, through a student-led uprising.
Arguments from both sides
During Sunday’s proceedings, Chief Justice Refaat Ahmed said the goal was not to seek a temporary fix but to ensure a sustainable election-time governance model that prevents recurring crises and strengthens democracy.
He also asked when a restored caretaker government might realistically take effect.
Attorney General Asaduzzaman argued that Bangladesh’s governance had “degenerated into exploitation over the past 15 years,” citing enforced disappearances, extrajudicial killings, and systematic oppression under the previous regime.
“When power ignores the people, revolutions follow — as we saw in 1990 and again last year,” he said.
The BNP’s legal team maintained that restoring the caretaker government was essential to guarantee fair, participatory elections and public trust in state institutions.
A long legal journey
The caretaker system was first challenged in 1998, upheld by the High Court in 2004, and later invalidated by the Appellate Division in 2011.
That decision triggered widespread political controversy and has since remained one of Bangladesh’s most divisive constitutional questions.
After the Awami League government’s fall, several appeals were filed urging the Supreme Court to reconsider the ruling.
The first came from Badiul Alam Majumdar and four other civic leaders in August 2024, followed by separate appeals from Mirza Fakhrul Islam Alamgir, Jamaat leader Mia Golam Parwar, and freedom fighter Mofazzal Hossain.
The Appellate Division is hearing all four appeals together.
The hearings will resume Monday, with both sides expected to present concluding arguments on the constitutional scope and political practicality of reinstating the caretaker system.