DHAKA, Dec 17, 2024(BSS) - The High Court (HC) today declared scrapping of the caretaker government system in the constitution as illegal.

A HC bench comprising Justice Farah Mahbub and Justice Debashish Ray Chowdhury pronounced the judgment also restoring the provision of referendum in the constitution. 

The court on December 4 concluded the hearing on the plea against scraping of the caretaker government system through the 15th amendment of the constitution and fixed today for declaring the judgment on the issue.

Attorney General Md Asaduzzaman, after pronouncement of the judgment, told the journalists that the High Court has declared the scraping of caretaker government provision in the constitution as illegal and from now on the caretaker system is part of the constitution.

Barrister Ruhul Kuddus Kajol, referring to the observation of the court, said the caretaker government system was included in the constitution on the basis of a political consensus that is why it had been made basic fundamental of the constitution.

The basic structure of the constitution was destroyed through the 15th amendment of the constitution, Barrister Kajol said, adding that the basic structure of the constitution is democracy. 

A free and credible election can establish democracy in the country, he said, adding that people's empowerment is the beauty of the constitution and the people are all the source of power.

Dr Sharif Bhuiyan moved for the writ petition filed by the SUJON while senior lawyers Joynal Abedin, Barrister Ruhul Kuddus Kajol and Barrister Kaiser Kamal moved for the BNP. Advocate Mohammad Shishier Manir appeared for Jamat-e-Islami while Advocate Abdur Rouf and Ishrat Hassan argued for Insaniat Biplob Party in the court.

On the other hand, Attorney General Md Asaduzzaman, Additional Attorney General Md Ashradur Rouf and Deputy Attorney General Md Arshad Uddin stood for the state.

The 15th amendment of the constitution was placed in the Jatiya Sangsad (JS) on June 30 in 2011 and a gazette was published on the amendment on July 3 in 2011.

Five eminent citizens of the country led by the General Secretary of SUJON Badiul Alam Majumder filed a writ petition before the high court challenging the legality of the 15th amendment in August this year. 

The High Court, after hearing the writ petition, issued a rule asking the government why the 15th amendment should not be declared as contrary to the constitution.

The Jatiya Sangsad also increased the number of women reserved seats from 45 to 50 side by side the scraping of the caretaker government system in the constitution through the 15th amendment. The 15th amendment also added a provision to award highest punishment to a person for grabbing state power unconstitutionally considering it as a sedition charge. 

Earlier, there was a provision in the caretaker government system to conduct the general election before 90 days of the completion of the tenure of a government but it was made the provision for holding the general election after 90 days of the completion of the tenure of a government in the 15th amendment.