The Appellate Division of the Supreme Court has emphasised the need for a permanent solution to the caretaker government system to prevent its recurrent disruption. Chief Justice Dr. Syed Refaat Ahmed made this remark during a review hearing on Wednesday.
The six-member bench, led by Chief Justice Dr. Syed Refaat Ahmed, initiated the hearing, with the Chief Justice stating, “We do not wish to offer a temporary solution by reinstating the caretaker government. We seek a permanent resolution to the interim government system that will ensure it is not disrupted again, fostering democracy with long-term stability.”
The review hearing pertains to multiple petitions seeking a reconsideration of the 2011 ruling that abolished the caretaker government system. Petitions have been filed by BNP, Jamaat-e-Islami, and civil society organizations such as SUJAN.
On 26 August, the hearing was adjourned by the bench. At that time, lawyer Shishir Monir argued that all judges who supported the abolition of the caretaker government were later appointed as Chief Justices.
The review petition, filed on 21 August 2024, requested the Appellate Division to expedite the hearing on the caretaker government issue.
The 2011 ruling, delivered by a 7-judge bench of the Appellate Division, declared the 13th Amendment to the Constitution, which introduced the caretaker government system, unconstitutional. This decision followed an appeal against a High Court ruling. Subsequently, BNP Secretary General Mirza Fakhrul Islam Alamgir filed a petition in October 2024, seeking a review of the verdict.
In 2023, prominent figures, including SUJAN Secretary Badiul Alam Majumdar, filed petitions for reconsideration of the ruling. Other petitioners included Tofail Ahmed, M Hafizuddin Khan, Zubairul Haque Bhuiyan, and Zahra Rahman. Bangladesh Jamaat-e-Islami’s Secretary General, Professor Mia Golam Parwar, also sought reconsideration of the ruling in October 2023.
Furthermore, freedom fighter Mohammad Mofazzal Hossain from Narayanpara, Raninagar, Naogaon, filed a petition challenging the Appellate Division’s ruling on the 5th Amendment, with several other petitions related to the 13th and 15th Amendments also scheduled for hearing on 21 August 2024.
The 13th Amendment, which introduced the caretaker government system, was incorporated into the Constitution in 1996. Its constitutionality was challenged in the High Court by lawyer M. Salimullah and others in 1998. Following hearings, the High Court upheld the amendment in 2004. Afterward, an appeal was filed, and the Appellate Division ruled in favor of the amendment in 2005, which was subsequently incorporated into the Constitution.
On 30 June 2011, the 15th Amendment, which abolished the caretaker government system, was passed by Parliament, with the gazette notification issued on 3 July 2011.
In 2023, SUJAN Secretary Badiul Alam Majumdar and five other prominent figures filed a petition challenging the 15th Amendment, seeking its annulment. Additionally, freedom fighter Mohammad Mofazzal Hossain filed a petition in October 2023, challenging certain provisions of the 15th Amendment, particularly those related to the restoration of the direct public vote requirement for constitutional amendments.