Appeal over caretaker abolition resumes

The Appellate Division of the Supreme Court on Monday resumed hearing the appeal challenging the High Court verdict on the abolition of the caretaker government system and several provisions of the 15th Amendment to the Constitution.

The hearing began in the morning before an Appellate Division bench headed by the Chief Justice.

Attorney General Md Ruhul Quddus Kajal appeared for the state, while Advocate Mohammad Shishir Monir and Dr Sharif Bhuiyan represented the writ petitioners.

The appeal stems from a High Court judgment that declared several provisions introduced through the 15th Constitutional Amendment, including the abolition of the caretaker government system, to be illegal.

On 13 November last year, the Appellate Division, headed by then Chief Justice Dr Syed Refaat Ahmed, granted leave to appeal against the High Court verdict.

During the hearing, Dr Sharif Bhuiyan argued for the petitioners, while Additional Attorney General Barrister Aneek R. Haque represented the state.

Earlier, on 3 November, a leave-to-appeal petition was filed seeking to overturn the High Court’s ruling and praying for the entire 15th Constitutional Amendment to be declared invalid.

The petition was filed by Dr Sharif Bhuiyan, counsel for Dr Badiul Alam Majumdar, Secretary of Shushashoner Jonno Nagorik (SUJAN), the original writ petitioner.

The legal proceedings originated on 19 August last year when a High Court bench comprising Justice Naima Haider and Justice Shashanka Shekhar Sarkar issued a Rule asking the authorities to explain why the 15th Constitutional Amendment, which abolished the caretaker government system, should not be declared unconstitutional.

The Rule followed a writ petition filed by Dr Badiul Alam Majumdar and others.

Subsequently, BNP Secretary General Mirza Fakhrul Islam Alamgir and Jamaat-e-Islami Secretary General Mia Golam Parwar were added as parties to the Rule. Insaniyat Biplob, Gono Forum, and four other applicants were also allowed to intervene in the case.

The 15th Constitutional Amendment was passed by the Jatiya Sangsad on 30 June 2011.

Among its key provisions, it recognised Sheikh Mujibur Rahman as the Father of the Nation, abolished the caretaker government system, increased the number of reserved seats for women in Parliament from 45 to 50, and introduced several other constitutional changes.

The hearing on the appeal is expected to continue.