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Caretaker govt: SC defers hearing of review petitions to Feb 9

Published : Sunday, 19 January, 2025 at 4:16 PM  Count : 346
The file photo of High Court

The file photo of High Court


The Appellate Division of the Supreme Court (SC) on Sunday deferred until February 19 the hearing of three separate review petition challenging the cancellation of the 13th amendment to the constitution, which introduced the caretaker government system.

A four-member Appellate Division bench, headed by Justice Ashfaqul Islam, issued the order to postpone the hearing which was scheduled for Sunday (January 19), as Attorney General Md Asaduzzaman is now out of country.

BNP, Jamaat-e-Islami and five conscious citizens filed separate review petitions with the Appellate Division earlier to turn down its 2011 verdict that scrapped the non-party caretaker government system.

On December 1, the Appellate Division, led by Chief Justice Syed Refaat Ahmed, had initially scheduled the hearing for January 19.
Lawyers Zainul, Sharaif Bhuiyan and Mohammad Shishir Manir represented the petition that day while Attorney General Md Asaduzzaman stood for the state.

The first review petition was submitted by five citizens, including Badiul Alam Majumdar, secretary of rights organisation Shushashoner Jonno Nagorik, on August 27 last year. The four other petitioners are -- Tofail Ahmed, M Hafizuddin Khan, Md Jobirul Hoque Bhuiyan and Zahrah Rahman.

On October 16 and 23 last year, BNP Secretary General Mirza Fakhrul Islam Alamgir and Jamaat-e-Islami Secretary General Miah Golam Parwar respectively submitted two separate review petitions to the Appellate Division against the scrapping of the caretaker government system.

The court later decided to hear all the petitions together.

The 13th amendment of the constitution incorporating the caretaker government system was adopted by the parliament in 1996. Three lawyers, led by M Salim Ullah, filed a writ with the High Court challenging the legality of the amendment.

On May 10, 2011, a seven-judge full bench of the Appellate Division, headed by the then chief justice ABM Khairul Haque, gave a judgment scrapping the 13th amendment.

After the verdict was announced, the 15th Amendment Act was passed by the National Parliament on June 30, 2011, bringing several issues, including the abolition of the caretaker government system. A gazette notification was published in this regard on July 3, 2011.

Besides, on December 17 last year, a High Court bench comprising justices Farah Mahbub and Debashish Roy Chowdhury gave a judgment scrapping the 15th amendment mentioning that Sections 20 and 21 of the amendment were contrary to the constitution.

NY
Related topic   Subject:  Caretaker govt   SC defers   hearing Feb 9  


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