Chief Justice Dr Syed Refaat Ahmed has asked whether restoring the caretaker government system would undermine the authority of the National Parliament.
He raised this issue on Wednesday during the second day of hearings at the Appellate Division on petitions seeking the reinstatement of the caretaker government system.
At the hearing, Dr Sharif Bhuiyan, representing Badilul Alam Majumdar, secretary of Shushashoner Jonno Nagorik (Shujan), urged the court to restore the caretaker government system and implement it from the 14th National Parliamentary Election.
Bhuiyan informed the court that a total of 12 judges, from the High Court to the Appellate Division, had previously heard the case. Of them, eight supported retaining the system, while four, including former Chief Justice ABM Khairul Haque, had recommended its annulment. He also noted that the Appellate Division could issue guidelines regarding the caretaker government system.
The Chief Justice said no other appeals would be heard until this case concludes, emphasizing that it is currently the most significant case before the court. The next hearing was scheduled for Thursday.
On Tuesday, the first day of the appeal hearing, petitioners were represented by Barrister Ruhul Quddus Kazal and Advocate Mohammad Shishir Manir, while Attorney General Md Asaduzzaman appeared for the state.
During the hearing, the Chief Justice said the Appellate Division did not aim to provide a temporary solution by reinstating the caretaker government. Instead, it sought a long-term resolution regarding the election-time government to prevent repeated disruptions and ensure a lasting impact on democracy. He also asked when, if restored, the caretaker government system would take effect.
In response, the attorney general noted that over the past 15 years, citizens had suffered various forms of oppression, including enforced disappearances, extrajudicial killings, and political persecution, due to the collapse of systems meant to protect them. This, he said, led to the fall of the Awami League government through mass uprising, which also influenced the appointment of the chief justice and the head of the government. He emphasized that the people’s authority must not be ignored, warning that disregarding it could lead to revolution, citing the 1990 mass uprising.
Background of the caretaker government system
The caretaker government system was introduced in the Constitution through the 13th Amendment in 1996. Its validity was challenged in 1998 when Advocate M. Salim Ullah and two other lawyers filed a writ petition in the High Court. After initial hearings, the High Court issued a rule but, on August 4, 2004, dismissed the petition, thereby upholding the legality of the caretaker government system.
An appeal was filed in 2005 with the Appellate Division, which appointed eight amici curiae to advise the court. Five of them—including Dr. Kamal Hossain, T.H. Khan, former Attorney General Mahmudul Islam, Barrister M. Amir-ul Islam, and Barrister Rokanuddin Mahmud—supported retaining the caretaker government system. Another amicus curiae, Barrister Ajmalul Hossain KC, supported annulling it, while Barrister Rafiqe Ul-Huq and Dr. M. Zahir advocated comprehensive reform. The then Attorney General, Mahbubey Alam, also supported retaining the system.
Subsequently, the full bench of seven judges of the Appellate Division, on May 10, 2011, annulled the 13th Amendment based on the majority opinion. In response, the 15th Amendment was passed in the National Parliament on June 30, 2011, and gazetted on July 3, 2011.
Political developments and review retitions
Three national elections were held under the Awami League government. However, on August 5, 2024, the government led by the now-banned Awami League was overthrown.
Following the government’s fall, five prominent individuals, including Badilul Alam Majumdar, filed the first application on August 27, 2024, seeking a review of the 2011 verdict to reinstate the caretaker government system. The others were Tofail Ahmed, M Hafizuddin Khan, Zobairul Haq Bhuiyan, and Zahra Rahman.
Subsequently, BNP Secretary General Mirza Fakhrul Islam Alamgir filed a separate review application on October 16, 2024, and Bangladesh Jamaat-e-Islami Secretary General Professor Mia Golam Parwar filed another on October 23, 2023. War veteran Md. Mofazzal Hossain from Raninagar, Naogaon, submitted a similar application.
As a result, a total of four review petitions—both political and individual—were placed before the full bench of the Appellate Division. Considering these applications, on August 27, 2024, the court granted permission to appeal against the verdict annulling the caretaker government system, and the case is now being reconsidered.
