The Appellate Division has scheduled October 28 for the fourth day of hearings on the appeal seeking restoration of the caretaker government system, abolished in 2011.
The order came on Thursday from a full seven-member bench led by Chief Justice Dr Syed Refaat Ahmed, following the conclusion of the third day of hearings. Barrister Ehsan A Siddique appeared as an intervenor, while Advocate Mohammad Shishir Manir represented Jamaat-e-Islami.
The hearing began on October 21, with Dr Sharif Bhuiyan completing arguments on behalf of petitioner Badiul Alam Majumdar over the first two days. On August 27, the Appellate Division had granted permission to appeal against the verdict that annulled the caretaker system, setting the stage for the current proceedings. Barrister Ruhul Quddus Kazal and Advocate Shishir Manir argued for the petitioners, while Attorney General Md Asaduzzaman appeared for the state.
During the hearing, Chief Justice Dr Syed Refaat Ahmed emphasized that the court seeks a sustainable, effective solution for an election-time government, rather than a temporary reinstatement of the caretaker system. He also questioned when the system would take effect if restored. In response, the Attorney General noted that over the past one and a half decades, citizens have suffered political oppression, including enforced disappearances, extrajudicial killings, and denial of justice. Citing the 1990 mass uprising, he said public will determines leadership, and ignoring it invites unrest.
The caretaker government system was first introduced via the 13th Amendment in 1996. Its legality was challenged in 1998, and the High Court upheld it in 2004. In 2011, the Appellate Division declared the amendment unconstitutional, leading to the 15th Amendment, which formally abolished the system.
Following the ousting of the Awami League-led government on August 5, 2024, four review petitions were filed seeking reconsideration of the 2011 verdict. Petitioners include Badiul Alam Majumdar, Tofail Ahmed, M Hafizuddin Khan, Zobaierul Haq Bhuiyan, Zahra Rahman, BNP Secretary General Mirza Fakhrul Islam Alamgir, Jamaat-e-Islami Secretary General Professor Mia Golam Parwar, and freedom fighter Md Mofazzal Hossain.
