The Appellate Division of the Supreme Court on Wednesday continued hearing the Bangladesh Nationalist Party’s (BNP) appeal seeking restoration of the caretaker government system in the Constitution.
A full bench of seven judges, led by Chief Justice Dr Syed Refaat Ahmed, heard the appeal on its eighth day.
Following the hearing, BNP senior lawyer Barrister Ruhul Quddus Kazal said the nation’s fate had been “ruined” after the caretaker system was scrapped.
“The caretaker government system is part of the Constitution’s basic structure,” he told reporters. “Therefore, we want this system reinstated.”
The Appellate Division began hearing the appeal on October 21. Dr Sharif Bhuiyan argued for writ petitioner Badiul Alam Majumdar during the first two days, followed by Advocate Mohammad Shishir Monir, who argued on behalf of Jamaat-e-Islami on the fourth day. BNP lawyers presented arguments on November 3 and 4.
The appeal stems from an August 27 order, when the Appellate Division allowed challenges to the 2011 judgment that had declared the caretaker government system unconstitutional. The same seven-member bench, headed by Chief Justice Dr Syed Refaat Ahmed, is presiding over the case.
During Wednesday’s proceedings, Chief Justice Refaat said the court was not seeking a temporary solution by reinstating the caretaker system.
“The Appellate Division wants an effective, lasting solution regarding the election-time government — one that ensures democratic continuity,” he said, adding that the bench would also consider when such a system, if restored, would take effect.
Attorney General Md Asaduzzaman, appearing for the state, told the court that over the past 15 years, citizens had faced “disappearances, killings, and political oppression,” and that justice systems meant to protect them had been eroded. He also referred to the mass uprising of 2024 that led to the fall of the Awami League government.
The caretaker government system was first introduced through the 13th Amendment to the Constitution in 1996. However, in 2011, a seven-member Appellate Division bench declared the amendment void, leading to its removal through the 15th Amendment.
Three national elections were subsequently held under Awami League governments. Following the party’s fall on August 5, 2024, five citizens, including Shushashoner Jonno Nagorik (SHUJAN) Secretary Badiul Alam Majumdar, filed a review petition on August 27 seeking restoration of the caretaker system.
Later, BNP Secretary General Mirza Fakhrul Islam Alamgir, Jamaat-e-Islami Secretary General Prof Mia Golam Parwar, and freedom fighter Md Mofazzal Hossain filed separate petitions. In total, four review petitions from political parties and individuals were heard by the Appellate Division, which then allowed the appeals for a full hearing.