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Bangladesh’s top appeals court is reluctant to reinstate the caretaker government system as a temporary fix, preferring instead a lasting solution that would prevent repeated disruption, Chief Justice Syed Refaat Ahmed has said.
The goal, he said, is to ensure that the outcome has a far-reaching impact in establishing democracy in the country.
Justice Refaat also questioned at what point the caretaker system would take effect if it were to be reinstated.
The chief justice made the remarks on Wednesday during the hearing of review petitions seeking reconsideration of the verdict that scrapped the caretaker government system.
The hearing took place before the Supreme Court’s full Appellate Division bench of seven judges, presided over by the chief justice.
Barrister Ruhul Quddus Kajol, along with advocates Shishir Monir and Sharif Bhuiyan, are arguing the petitioners, while Attorney General Md Asaduzzaman is representing the state.
A total of four review petitions -- filed by a political party and six individuals -- seek to challenge the Supreme Court verdict that abolished the caretaker government system. The first day of hearings took place on Tuesday.
LONG LEGAL JOURNEY
The caretaker government mechanism was first incorporated into the Constitution through the 13th Amendment in 1996.
Its legality was contested two years later when three lawyers, including Advocate M Salimullah, filed a writ petition before the High Court.
On Aug 4, 2004, the High Court dismissed the plea and upheld the system as valid.
The petitioners appealed, and on May 10, 2011, a full bench of seven Appellate Division judges struck down the 13th Amendment by majority opinion, effectively invalidating the system.
Following the ruling, parliament passed the 15th Amendment on Jun 30, 2011, formally abolishing the caretaker government arrangement. The decision was gazetted on Jul 3 the same year.
NEW MOVE
After the change in government on Aug 5 last year, civil society group Shushashoner Jonno Nagorik (SHUJAN) Secretary Badiul Alam Majumdar and four others -- Tofail Ahmed, M Hafizuddin Khan, Zobairul Haque Bhuiyan and Zahra Rahman -- filed a review petition against the 2011 verdict.
On Oct 23, Jamaat-e-Islami Secretary General Mia Golam Parwar submitted a separate review petition, while freedom fighter Mofazzal Hossain lodged another with the Appellate Division.