The full verdict of the Appellate Division of the Supreme Court of Bangladesh on restoring the caretaker government system has been published.
The 74-page judgment, authored by then Chief Justice Syed Refaat Ahmed, was uploaded to the Supreme Court website on Sunday.
The ruling was originally delivered on November 20 by a seven-member bench led by Justice Syed Refaat Ahmed. The other members of the bench were Justices Md Ashfaqul Islam, Zubayer Rahman Chowdhury, Md Rezaul Haque, SM Emdadul Hoque, AKM Asaduzzaman, and Farah Mahbub.
Hearings on appeal
The hearing on the appeal, which sought the restoration of the caretaker government system during election periods, began on October 21 and continued over several days.
Lawyer Sharif Bhuiyan represented writ petitioner Badiul Alam Majumdar, while advocates Mohammad Shishir Monir, Zainul Abedin, and Ruhul Quddus Kajal appeared on behalf of other petitioners and parties. The state was represented by Attorney General Md Asaduzzaman.
After approximately ten days of hearings, the Appellate Division set November 20 for delivering the verdict. Earlier, on August 27, the court had allowed an appeal against the 2011 judgment that abolished the caretaker government system, deciding to rehear the matter.
Background of the caretaker government system
The caretaker government system was introduced through the 13th Amendment to the Constitution, passed by parliament in 1996. In 1998, three lawyers, including Salimullah, challenged the amendment in the High Court.
After initial hearings, the High Court issued a rule but later dismissed the writ petition on August 4, 2004, declaring the caretaker government system legal. An appeal was filed in the Appellate Division in 2005, and eight amicus curiae were appointed to provide opinions.
Among them, Kamal Hossain, TH Khan, Mahmudul Islam, M Amir-ul Islam, and Rokanuddin Mahumd supported the caretaker government system. Ajmalul Hossain argued for its abolition, while Rafique-ul-Haq and M Zahir suggested major reforms. Then Attorney General Mahbubey Alam also advocated retaining the system.
2011 verdict and later developments
On May 10, 2011, a seven-member Appellate Division bench declared the 13th Amendment unconstitutional by majority opinion.
Following that ruling, parliament passed the 15th Amendment on June 30, 2011, formally abolishing the caretaker government system.
Subsequent national elections were held under governments led by the Awami League.
Recent Developments
Political dynamics shifted after the government fell following the mass uprising on August 5, 2024. Subsequently, five prominent individuals, including Dr Badiul Alam Majumdar, filed an application on August 27, 2024, seeking a review of the 2011 verdict. Other petitioners included Tofail Ahmed, M Hafizuddin Khan, Jobairul Haque Bhuiyan, and Zahra Rahman.
Later, Mirza Fakhrul Islam Alamgir, secretary general of the Bangladesh Nationalist Party (BNP), filed a separate review petition on October 16, 2024, and Mia Golam Parwar, secretary general of Bangladesh Jamaat-e-Islami, submitted another on October 23. Freedom fighter Md Mofazzal Hossain from Raninagar also filed a similar petition.
In total, four review petitions filed by political parties and individuals were heard by the full Appellate Division bench. The court ultimately allowed the appeal against the earlier judgment abolishing the caretaker government system and reheard the case before delivering its verdict.
