After raising a legal question during the final hearing on the 15th Amendment to the Constitution, a two judge bench of the High Court Division on Sunday asked the concerned parties to complete the 13th amendment to the Constitution case pending with the Appellate Division for disposal.
During the hearing on the rule, the bench raised a legal question regarding the hearing of the rule on the 15th Amendment, as a case concerning the 13th Amendment remains pending in the Appellate Division. The legal issue should be resolved first by the Appellate Division, said the HC bench of Justice Farah Mahbub and Justice Debasish Roy Chowdhury in their observations. The bench set November 13 for further hearing on the rule.
Advocate Md Shishir Manir, representing Jamaat, raised the question of whether the hearing on the 15th Amendment rule in the High Court was admissible while the 13th Amendment case was pending in the Appellate Division.
On October 30, the HC bench began hearing the rule that questioned the legality of the 15th Amendment. In the meantime, the HC bench already heard the parties for three days.
A previous HC bench led by Justice Naima Haider had on August 19, 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 it 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 filed the public interest writ 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.
The 15th amendment bill was passed by 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 15th Amendment 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 voter less general elections were held in which Sheikh Hasina took the Prime Minister's office for three consecutive terms.
