The Appellate Division has set November 17 as the date for hearing three review petitions challenging a verdict that annulled the 13th amendment to the constitution, which abolished the caretaker government system.
A six-judge panel of the Appellate Division, led by Chief Justice Syed Refaat Ahmed, issued the order on Thursday.
Attorney General Md Asaduzzaman, representing the state, requested additional time, noting that the matter was of national importance and required four weeks for adequate preparation.
Taking into account the opinions of the petitioners' lawyers, the court scheduled the hearing for next month.
Senior lawyers Zainul Abedin, Barrister Ruhul Quddus Kazal, Mohammad Shishir Manir and Barrister Dr Sharif Bhuiyan represented the petitioners during the court proceedings.
Earlier, on May 10, 2011, the Appellate Division declared the 13th amendment, which had introduced the caretaker government system, unconstitutional and invalid.
However, the court allowed the 10th and 11th general elections to be conducted under the caretaker government system if a consensus could be reached in parliament on appointing a chief adviser.
The full bench, led by then-chief justice ABM Khairul Haque, delivered the verdict, deeming the 1996 amendment illegal and unconstitutional, but provided a framework for the next elections under the caretaker system.
On August 25 this year, five individuals, including SHUJAN Secretary Badiul Alam Majumdar, filed a review petition.
Later, on October 16, another review petition was submitted by BNP Secretary General Mirza Fakhrul Islam Alamgir, represented by lawyer Zainul Abedin.
On October 23, the Bangladesh Jamaat-e-Islami also filed a review petition, challenging the verdict.
The caretaker government system was initially introduced through the 13th amendment to the constitution in 1996.
Supreme Court lawyer M Salimullah, along with others, filed a writ petition in the High Court in 1998 challenging the legality of this amendment.
After a preliminary hearing, the High Court issued a rule. Following the final hearing, a special bench of the High Court delivered a verdict on August 4, 2004, declaring the 13th amendment constitutional.
Permission for a direct appeal against this verdict was granted.
In continuation, the petitioners filed an appeal in 2005. The Appellate Division accepted the appeal and announced its verdict on May 10, 2011.
After this ruling, the 15th amendment, which included the abolition of the caretaker government system and other provisions, was passed by parliament on June 30, 2011. The related gazette was published on July 3, 2011.
