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HC releases full judgment declaring Caretaker Government abolition illegal

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The High Court on Tuesday released the full 139-page text of its verdict declaring the abolition of the caretaker government (CG) system through the 15th constitutional amendment as illegal.

The judgment, delivered on December 17, 2024, by a High Court Division bench comprising Justice Farah Mahbub and Justice Debasish Roy Chowdhury, is now available on the Supreme Court’s official website.

Following the release, Attorney General Md Asaduzzaman told reporters that the caretaker government system is now to be considered a part of the constitution again, as its removal was ruled unconstitutional.

The verdict came in response to a writ petition filed by five prominent citizens, including SUJON’s General Secretary Badiul Alam Majumder, challenging the legality of the 15th amendment passed in 2011. The amendment not only removed the CG provision but also increased reserved seats for women in parliament and introduced capital punishment for unconstitutional power grabs, branding them as sedition.

Dr. Sharif Bhuiyan represented SUJON in court, while senior lawyers Joynal Abedin, Barrister Ruhul Kuddus Kajol, and Barrister Kaiser Kamal represented the BNP. Advocate Mohammad Shishir Manir appeared for Jamaat-e-Islami, with Advocate Abdur Rouf and Ishrat Hassan arguing for Insaniat Biplob Party.

The state was represented by Attorney General Md Asaduzzaman, Additional Attorney General Md Ashradur Rouf, and Deputy Attorney General Md Arshad Uddin.

Earlier, the court issued a rule asking the government to explain why the amendment should not be declared unconstitutional. Following extensive hearings, the High Court ruled the CG system’s removal invalid, reigniting discussions over electoral reforms in Bangladesh.

 

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