The Bangladesh Nationalist Party (BNP) has told the Appellate Division that the country’s political crisis began with the verdict abolishing the caretaker government system.
The remarks were made on Sunday morning (November 2) by senior BNP lawyer Zainul Abedin during the sixth day of hearings on the appeal arising from a review petition seeking reconsideration of the verdict that scrapped the Thirteenth Amendment to the Constitution, which had provided for a caretaker government system.
The hearing was held before a full Appellate Division bench of seven judges led by Chief Justice Dr Syed Refaat Ahmed. Attorney General Md Asaduzzaman was present on behalf of the state.
Earlier, on October 29, hearings concluded for the fifth consecutive day on the appeal seeking the restoration of the caretaker government system.
On August 27, following hearings on review petitions challenging the verdict that annulled the caretaker government system, the Appellate Division granted leave to appeal. Subsequently, five individuals including Dr Badiul Alam Majumdar, BNP Secretary General Mirza Fakhrul Islam Alamgir, and Jamaat-e-Islami Secretary General Professor Mia Golam Parwar filed appeals.
The Thirteenth Amendment to the Constitution, which incorporated the caretaker government system, was passed by the National Parliament in 1996. Its legality was challenged in 1998 when three lawyers, including Advocate M Salimullah, filed a writ petition with the High Court.
After hearings, the High Court Division dismissed the writ on August 4, 2004, declaring the caretaker government system constitutional. Leave was later granted for a direct appeal against the ruling.
In continuation of the process, the writ petitioners filed an appeal in 2005. Allowing the appeal, a seven-member Appellate Division bench, by majority decision, delivered a verdict on May 10, 2011, declaring the Thirteenth Amendment unconstitutional.
Following the verdict, the Fifteenth Amendment to the Constitution—abolishing the caretaker government system along with several other provisions—was passed by Parliament on June 30, 2011. The gazette notification for the amendment was published on July 3, 2011.
>> Abolition of Caretaker Government System Sparked Political Crisis
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