Appeal Hearing on Caretaker Government Abolition Verdict Scheduled for October 21

The Appellate Division of the Supreme Court has scheduled the hearing of appeals against the historic verdict that annulled the caretaker government system. The matter will be at the top of the agenda on October 21, as ordered on Wednesday (August 27) by a seven-member bench led by Chief Justice Syed Refat Ahmed.

On May 10, 2011, a bench headed by then Chief Justice A.B.M. Khairul Haque declared the Thirteenth Amendment of the Constitution null and void. Seeking a review of that verdict, several individuals and organizations, including BNP Secretary General Mirza Fakhrul Islam Alamgir, filed appeals. Additionally, Jamaat-e-Islami and several citizens also submitted review petitions.

After a two-day hearing, the court accepted the petitions and granted leave to appeal. During the hearing, Attorney General Md. Asaduzzaman noted that although granting leave is customary, it is not legally mandatory. The Chief Justice, however, commented, “We will follow the practice and hear the matter with leave granted.”

Senior lawyers Zainul Abedin and Ruhul Quddus represented BNP, while lawyer Shishir Monir appeared for Jamaat. The state was represented by the Attorney General and Additional Attorney General Arshadur Rahman.

For context, the caretaker government system was added to the Constitution through the Thirteenth Amendment in 1996. It was annulled by the 2011 verdict, and subsequently, the Fifteenth Amendment passed by the Jatiya Sangsad in June of the same year formally abolished the system. However, its legality remains disputed. The High Court has already declared several provisions of the Fifteenth Amendment unconstitutional. The upcoming hearing in the Appellate Division may bring a new constitutional resolution to this debate.