Petition filed to bring back non-partisan caretaker govt system
On 28 March 1996, the 13th amendment to the Constitution of Bangladesh introduced the practice of non-partisan caretaker governments for holding general elections. It was declared illegal on 10 May 2011 by the Appellate Division of the Supreme Court
The Supreme Court building in Dhaka. File Photo: BSS
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The Supreme Court building in Dhaka. File Photo: BSS
A petition has been filed with the Appellate Division of the Supreme Court seeking a review of its 2011 verdict that scrapped the non-partisan caretaker government system by declaring the 13th amendment to the Constitution illegal.
Five individuals, including Badiul Alam Majumder, secretary of Shushashoner Jonno Nagorik (SHUJAN), filed the petition with the Appellate Division’s relevant section today (27 August), their lawyer Dr Sharif Bhuiyan told the media.
The other petitioners are Tofael Ahmed, M Hafiz Uddin Khan, Zobairul Haque Bhuiyan and Zahra Rahman, added the lawyer.
“The petition sought the cancellation of the [2011] judgement of the Appellate Division which invalidated the caretaker government system by declaring the 13th amendment of the Constitution illegal. At the same time, a request has been made to bring back the caretaker government system,” Sharif said.
Earlier on 25 August, following an application from the five prominent citizens, the Appellate Division Chamber Court granted permission for the petition to be submitted, allowing a reconsideration of the earlier decision.
Speaking to the media on the day, Sharif said an approximately 800-page review petition has been prepared, with permission secured from the Chamber Judge Court.
The 13th amendment, which established the caretaker government provision, was passed by the National Parliament in 1996. However, its validity was challenged in 1998 by Advocate M Salimullah and two other lawyers, who filed a writ petition in the High Court.
On 4 August 2004, the High Court dismissed the writ and upheld the legality of the caretaker government system.
After the High Court’s verdict, an appeal was filed by the petitioners in 2005, which led to a hearing by a seven-member full bench of the Appellate Division, headed by Chief Justice ABM Khairul Haque. On 10 May 2011, the bench delivered a majority opinion that annulled the 13th amendment.
Following this decision, the 15th amendment, which included the abolition of the caretaker government system and other provisions, was passed by the National Parliament on 30 June 2011, and published in a gazette on 3 July 2011.
