DHAKA, Oct 24, 2024 (BSS)- The Appellate Division of the Supreme Court (SC) today fixed November 17 for hearing on three review petitions seeking restoration of the 13th amendment to the constitution and reinstatement of the poll-time non-party caretaker government (CG) system.

A full bench of the Appellate Division headed by Chief Justice Syed Refaat Ahmed fixed the date for hearing of the three petitions together upon applications of the petitioners’ lawyers seeking time for preparation of the hearing citing the matter as important for the state.

The review petitions were filed by BNP Secretary General Mirza Fakhrul Islam Alamgir, Jamaat-e-Islami Secretary General Miah Golam Parwar and Secretary of rights organisation Shushashoner Jonno Nagorik Badiul Alam Majumdar.
 
Attorney General Md Asaduzzaman filed a petition seeking four more weeks to take preparation accordingly, citing the matter important for the state.

Senior SC lawyer Advocate Zainul Abedin, lawyer of BNP, seconded the AG’s petition while Manushashoner Jonno Nagorik lawyer Dr Sharif Bhuiyan told the court he has no objection to this respect while Jamaat lawyer Mohamad Shishir Manir was present at the court.
The SC was supposed to hear the review petitions today following a petition filed by the Jamaat Secretary General yesterday (October 23).

During his submission before the court, Zainul Abedin on behalf of the BNP said they earlier placed 10 logics to review the verdict that scrapped the 13th amendment to the constitution abolishing the poll-time non-party caretaker government system.

He argued that democracy and free, fair elections are intertwined, where one is meaningless without the other. Fair elections are the only acceptable means to establish democracy.

He also stated that autocracy was established following the cancellation of the 13th amendment to the Constitution.

The arguments presented to the apex court for restoring the caretaker system also contended that the Constitution is a living document and its effectiveness will wane if it cannot meet the demands of the times.

The Supreme Court has the responsibility to interpret the Constitution relevantly rather than mechanically, the petition asserts.

Additionally, it claimed that the caretaker government system was established through national consensus, thereby granting the 13th amendment basic status.

“The Supreme Court cannot declare the basic status unconstitutional,” it stated.

The Appellate Division of the Supreme Court on May 10, 2011, declared the 13th amendment, which introduced the caretaker government system, illegal.

He continued that the fascist government was ousted through the students' and people's movement on August 5 last year, compelling the former Prime Minister to flee the country.

“The interim government was formed based on the opinion of the Supreme Court, and the people became free, achieving a second independence,” he stated.

Referring to the elections held under the caretaker government system on June 12 in 1996 and October 1 in 2001, the senior SC lawyer noted that those elections acclaimed huge appreciation as all political parties accepted the result of the elections.

He continued that all the elections after 1/11 of 2007 were questionable and unacceptable despite the fact that all the political parties including the BNP and Jamaat took part in the election held on December 29 in 2008.  

“The 2008 election was held under the supervision of 1/11 government. The Awami League won two-third majority in that poll and taken the initiative to revoke the poll-time caretaker system after forming the government with absolute majority,” he noted.   

A parliamentary committee held series of meetings with different stakeholders on the issue and almost all of the stakeholders opined to continue the caretaker government system.
 
He also noted that the caretaker government system was scrapped in the Awami League led parliament before pronouncement of the full verdict on 13th amendment.

When the full verdict had been published, it was found that it was different from the judgment delivered in the court previously, which is amounted to judicial deception.

Advocate Zainul Abedin said that after the cancellation of the caretaker government system, national elections were held in 2014, 2018, and 2024 under the partisan government and all those elections were deceptive, controversial, voter less and unacceptable at home and abroad.

It’s unprecedented, as many as 153 of the Awami League and its alliance members were elected to the parliament uncontested in 2014 election, he said.