BNP tells Appellate DivisionPolitical crisis began with caretaker government verdict

The Bangladesh Nationalist Party (BNP) has told the Appellate Division that the country’s ongoing political crisis began with the Supreme Court verdict abolishing the caretaker government system.

Senior BNP lawyer Zainul Abedin made the remark on Sunday, the sixth day of hearings on appeals seeking the reinstatement of the caretaker government provision.

The hearing began at 9:20am, led by Chief Justice Syed Refaat Ahmed with a seven-member full bench of the Appellate Division.

Attorney General Mohammad Asaduzzaman represented the state.

The appeal hearing has been ongoing since 21 October, with several political parties and individuals participating.

On 29 October, the court concluded the fifth day of hearings.

Earlier on 28 October, Jamaat-e-Islami’s lawyer Advocate Mohammad Shishir Monir finished his arguments.

On 23 October, Barrister Ehsan A Siddiqi made submissions as an intervenor, and on 22 October, Sharif Bhuiyan argued on behalf of the original petitioner, Badiul Alam Majumdar.

Earlier on 27 August, the Appellate Division had granted leave to appeal after hearing petitions seeking a review of the 2011 verdict that abolished the caretaker government system.

Following this, five appeals were filed by Badiul Alam Majumdar, BNP Secretary General Mirza Fakhrul Islam Alamgir, and Jamaat-e-Islami Secretary General Mia Golam Parwar, among others.

The caretaker government system was originally introduced through the 13th Amendment to the Constitution, passed by the Jatiya Sangsad in 1996. The amendment’s legality was challenged in 1998 by Advocate M Salim Ullah and two other lawyers.

The High Court Division, in a verdict on 4 August 2004, declared the system constitutional and valid.

However, in 2005, the petitioners appealed the decision, and after years of proceedings, a seven-member Appellate Division bench by a majority decision declared the 13th Amendment unconstitutional on 10 May 2011, effectively abolishing the caretaker system.

Following the verdict, the 15th Amendment to the Constitution was passed in June 2011, formally removing the caretaker government provision. The amendment was gazetted on 3 July 2011.

After the change of government in August 2024, civil society leaders and political figures renewed calls for reinstating the caretaker system, arguing it was essential for ensuring free and fair elections.

In October 2024, separate review petitions were filed by Badiul Alam Majumdar, former caretaker government adviser Toufique Ahmed, former comptroller and auditor general M Hafizuddin Khan, and others, followed by petitions from BNP and Jamaat-e-Islami leaders.