The hearing for the review petition seeking the reinstatement of the caretaker government has been scheduled for November 17

The hearing for the review petition seeking the reinstatement of the caretaker government has been scheduled for November 17

Oct 24, 2024 - 13:15
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The hearing for the review petition seeking the reinstatement of the caretaker government has been scheduled for November 17
The hearing for the review petition seeking the reinstatement of the caretaker government has been scheduled for November 17

The Appellate Division has scheduled the hearing of three review petitions for November 17, challenging the verdict that annulled the 13th amendment, which abolished the caretaker government system. A six-judge panel, led by Chief Justice Syed Refaat Ahmed, issued the order on Thursday.

Attorney General Md Asaduzzaman, representing the state, requested additional time, citing the matter’s national importance and asking for four weeks to prepare. After considering the views of the petitioners' lawyers, the court set the hearing for next month.

Senior lawyers Zainul Abedin, Barrister Ruhul Quddus Kazal, Mohammad Shishir Manir, and Barrister Dr. Sharif Bhuiyan represented the petitioners.

The 13th amendment, which introduced the caretaker government system, was declared unconstitutional by the Appellate Division on May 10, 2011. However, the court permitted the 10th and 11th general elections to be held under the caretaker government if parliament could agree on a chief adviser. The verdict, led by then-Chief Justice ABM Khairul Haque, deemed the 1996 amendment illegal but outlined provisions for the next elections.

On August 25 this year, five individuals, including SHUJAN Secretary Badiul Alam Majumdar, filed a review petition. Subsequently, on October 16, BNP Secretary General Mirza Fakhrul Islam Alamgir submitted another review petition, represented by lawyer Zainul Abedin. On October 23, the Bangladesh Jamaat-e-Islami also filed a petition challenging the verdict.

The caretaker government system was originally introduced through the 13th amendment in 1996. Supreme Court lawyer M Salimullah and others filed a writ petition in 1998 challenging the legality of the amendment. The High Court initially upheld the amendment as constitutional in a 2004 ruling, but the petitioners appealed. On May 10, 2011, the Appellate Division ruled the amendment unconstitutional. Following this decision, the 15th amendment, which abolished the caretaker government system and introduced other provisions, was passed by parliament on June 30, 2011, with the gazette published on July 3, 2011.

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