BD Supreme Court Permits Appeal Against Caretaker Government Ruling

The Appellate Division of the Supreme Court of Bangladesh today allowed review petitioners to file an appeal against its 2011 verdict that scrapped the non-party caretaker government system.

A seven-member bench, headed by Chief Justice Syed Refaat Ahmed, passed the order after hearing review petitions challenging the 2011 verdict.

The court fixed October 21 for the appeal hearing.

Earlier in the day, the court said it would resolve the caretaker government issue to make the system sustainable.

During the hearing, counsels for the review petitioners pleaded to the apex court to restore the caretaker government system.

Attorney General Md Asaduzzaman represented the state. Lawyer Sharif Bhuiyan argued for review petitioners Badiul Alam Majumdar and four others, while lawyers Zainul Abedin, Badruddoza Badal, Ahsanul Karim, Md Ruhul Quddus Kazal and Kayser Kamal appeared for BNP.

Advocate Mohammad Shishir Manir argued for Jamaat-e-Islami, lawyer Ehsan A Siddiq appeared as an intervener, and lawyer Shahriar Kabir represented another petitioner, Mofazzal Islam.

Advocate Zainul Abedin told the court that the 2011 verdict cancelling the non-party caretaker government system was not lawful as it was signed by the judges concerned 16 months after its announcement.

The system was introduced in 1996 through the 13th amendment

Barrister Md Ruhul Quddus Kazal added that the system does not contradict the basic structure of the constitution, citing its role in holding free and fair elections.

Jamaat's lawyer Mohammad Shishir Manir argued that the Appellate Division committed an error by altering the short order pronounced in open court and adding new concepts in the full judgment delivered 16 months later.

He said the caretaker system strengthened democracy and did not violate the doctrine of the basic structure.

BNP, Jamaat-e-Islami, five citizens and freedom fighter Mofazzal Islam of Naogaon lodged separate review petitions last year challenging the 2011 verdict.

The first petition, filed on August 27 by five citizens including Badiul Alam Majumdar, argued that the caretaker government system was introduced through political consensus and had become a basic structure of the constitution.

The petitioners said the 2011 Appellate Division verdict was self-contradictory, as the short verdict allowed the next two national elections under a caretaker government, but this was omitted in the full judgment.

Other petitioners include Tofail Ahmed, M Hafizuddin Khan, Md Jobirul Hoque Bhuiyan and Zahrah Rahman.

BNP Secretary General Mirza Fakhrul Islam Alamgir and Jamaat-e-Islami Secretary General Miah Golam Parwar filed separate review petitions on October 16 and 23 last year.

Mofazzal Islam also submitted two petitions on the matter, arguing that elections in 2014, 2018 and 2024 proved that free and fair polls were not possible under political governments.