SC set May 8 for hearing on review petitions on caretaker govt

The Appellate Division on Sunday fixed May 8 for hearing on four separate review petitions challenging its 2011 verdict that abolished the non-party caretaker government system.

A three-member bench of the Appellate Division led by Senior Justice Md Ashfaqul Islam fixed the date.

Additional Attorney General Anik R Haque represented the state while Senior lawyer Ruhul Quddus Kajol and Advocate Mohammad Shishir Monir appeared for BNP and Jamaat respectively.

BNP, Jamaat-e-Islami, five citizens and Md Mofazzal Hossain, a freedom fighter from Naogaon, lodged the four review petitions with the Appellate Division last year to turn down its 2011 verdict that scrapped the caretaker government system.

In 1996, the caretaker government system was introduced to the Constitution through 13th amendment.

In 1998, Supreme Court lawyer M. Salimullah and others filed a writ petition in the High Court challenging the validity of this amendment.

Following the initial hearing, the High Court issued a rule, and after the final hearing, a special bench delivered a verdict on August 4, 2004, declaring the 13th Amendment constitutional. A direct appeal was allowed against this verdict.

Subsequently, the petitioners filed an appeal in 2005. The Appellate Division accepted the appeal and announced its verdict on May 10, 2011.

After the verdict, the Fifteenth Amendment Act, which included provisions for abolishing the caretaker government system, was passed by the National Parliament on June 30, 2011. The gazette notification for this was published on July 3, 2011.