A petition was filed with the Appellate Division of the Supreme Court today, seeking a review of the 2011 verdict that abolished the non-party caretaker government system in Bangladesh.
Advocate Sharif Bhuiyan and Barrister Tanim Hussain Shawon submitted the petition on behalf of five citizens, including Badiul Alam Majumdar, Secretary of the rights organization Shushaner Jonno Nagorik. The petition argues on 14 grounds why the apex court should reconsider its decision.
The other petitioners include Tofail Ahmed, M Hafizuddin Khan, Md Jobirul Hoque Bhuiyan, and Zahrah Rahman.
“We have submitted the review petition against the Appellate Division's verdict that revoked the 13th Amendment of the Constitution, which had introduced the caretaker government system in Bangladesh,” Advocate Sharif Bhuiyan told The Daily Star. He added that the petition would be presented before a full bench of the court after its reopening following the upcoming annual vacation.
Both the Appellate and High Court Divisions of the Supreme Court are scheduled to go on annual vacation on September 6 and will reopen on October 20.
According to the review petition, the caretaker government system was introduced through political consensus and has since become a fundamental structure of the Constitution, which should not be abolished.
Sharif Bhuiyan also pointed out that the Appellate Division's verdict was self-contradictory. While the short verdict allowed the next two national elections (the 10th and 11th parliamentary elections) to be held under the caretaker government, this directive was omitted from the full judgement.
In response to a question, Sharif Bhuiyan stated that if the Appellate Division approves the review petition, the caretaker government system could be reinstated for future national elections.
Earlier on Sunday, Justice Md Ashfaqul Islam, the chamber judge of the Appellate Division, granted permission for the five citizens to file the review petition.
On May 10, 2011, a seven-judge full bench of the Appellate Division, led by then Chief Justice ABM Khairul Haque, declared the 13th Amendment to the Constitution (which introduced the caretaker government system) null and void by a majority decision.
The caretaker government system was initially introduced through the 13th Amendment in 1990 following the fall of dictator Ershad. In 1998, Supreme Court lawyer M Salimullah (now deceased) and others filed a writ petition with the High Court challenging the validity of the amendment. On August 4, 2004, the High Court upheld the 13th Amendment as valid and constitutional, but allowed the petitioners to directly appeal to the Appellate Division.
The Appellate Division later ruled on May 10, 2010, in favor of the appeal. Subsequently, the 15th Amendment Act was passed by the National Parliament on June 30, 2011, leading to the abolition of the caretaker government system, with a gazette published on July 3, 2011.
