The High Court on Wednesday commented the Fifteenth Amendment to the Constitution case is not for any party rather it is now the case of the entire people of Bangladesh.
The HC bench comprising Justice Farah Mahbub and Justice Debasish Roy Chowdhury made the comments during the hearing on a rule issued by it earlier questioning the legality of the 15th amendment to the Constitution that scrapped the non-partisan caretaker government system.
The HC bench also adjourned till November 7 the hearing on a rule issued by it asking why the 15th amendment to the Constitution should not be declared illegal.
During the hearing, petitioner lawyer Dr Sharif Bhuiyan told the High Court that the then political government brought the Fifteenth Amendment to the Constitution for fulfilling the political purpose.
"It was a 'motivated amendment'," Dr Sharif said.
"The amendment was brought to prevent fair and impartial election in the country, so that the same government can be in power again and again'," he added.
At one stage of hearing, senior lawyer Zainul Abedin and Barrister Ruhul Quddus Kajal told the court that they would submit their argument on behalf of BNP in this rule hearing on Thursday.
"My Lord, although we are involved in this case differently, there is no conflict between the parties as it is an important case for the country," Barrister Kajal said.
Then, the HC bench replied, "Yes, this case is not of any party, it is the case of the entire people of Bangladesh. The client of this case is the entire people of Bangladesh."
After that the HC bench fixed Thursday for further hearing on the case.
Earlier on October 30, the HC bench started hearing on the rule that questioned the legality of the 15th amendment.
The then HC bench led by Justice Naima Haider had on August 19 this year issued the rule asking the respondents to show causes as to why the Constitution (15th amendment) Act, 2011 should not be declared unconstitutional and why the previous actions taken under this act should not be treated as transactions past and closed.
The HC bench issued the rule following a petition filed by five citizens -- Badiul Alam Majumdar, secretary of rights organisation Shushashoner Jonno Nagorik, Tofail Ahmed, M Hafizuddin Khan, Md Jobirul Hoque Bhuiyan and Zahrah Rahman -- challenging the legality and constitutionality of the 15th amendment.
They submitted the petition as a public interest litigation to the HC on August 18, stating that following the 15th amendment, the nation saw three consecutive failed elections and it ultimately led to the July 2024 uprising and the fall of the government on August 5, 2024.
The 15th amendment bill was passed by the parliament on June 30, 2011, and signed into law on July 3 of the same year. It abolished the caretaker government system introduced by the 13th amendment in 1996.
The law also recognized Sheikh Mujibur Rahman as Father of the Nation and increased the number of reserved seats for women in parliament from 45 to 50.
Following the amendment, three general elections were held with Sheikh Hasina in the Prime Minister's office.
