Court Correspondent :
On Tuesday, a review petition was filed with the Appellate Division of the Supreme Court seeking to overturn its 2011 verdict that abolished the non-party caretaker government system.
The petition was submitted by Advocate Sharif Bhuiyan and Barrister Tanim Hussain Shawon on behalf of five citizens, including Dr. Badiul Alam Majumdar, Secretary of the rights organisation Shushaner Jonmo Nagorik.
The petition challenges the court’s decision, citing approximately 14 grounds for reconsideration.
The other petitioners are Tofail Ahmed, M Hafizuddin Khan, Md Jobirul Hoque Bhuiyan, and Zahrah Rahman.
Advocate Sharif Bhuiyan stated, “We have submitted this review petition against the Appellate Division’s verdict that nullified the 13th Amendment to the Constitution, which introduced the non-party caretaker government system.
We will present it before a full bench of the court after it reopens following the annual vacation.”
The Appellate and High Court Divisions of the Supreme Court are scheduled to begin their annual vacation on September 6 and will resume on October 20.
Bhuiyan argued that the caretaker government system was established through broad political consensus and has thus become a fundamental part of the Constitution, which should not be removed.
He also criticised the Appellate Division’s verdict as self-contradictory, noting that while the short verdict suggested that the next two national elections (10th and 11th parliamentary elections) could be conducted under the caretaker system, this was not reflected in the full judgment.
If the review petition is granted, the caretaker government system could be reinstated for future national elections, according to Bhuiyan.
On Sunday, Chamber Judge of the Appellate Division Justice Md Ashfaqul Islam permitted the five citizens to file the review petition.
In a majority decision on May 10, 2011, a seven-judge bench of the Appellate Division, led by then Chief Justice ABM Khairul Haque, declared the 13th Amendment to the Constitution, which established the caretaker system, null and void.