SC restores caretaker government system

The Appellate Division of the Supreme Court on Thursday declared the controversial verdict that had annulled the non-partisan caretaker government system during elections invalid.

At the same time, the country’s highest court upheld the 13th amendment, restoring the caretaker government system in the constitution.

A full bench of seven judges of the Appellate Division, headed by Chief Justice Dr Syed Refaat Ahmed, delivered the historic verdict at 9:40am.

The remaining members of the bench are Justice Md Ashfaqul Islam, Justice Zubayer Rahman Chowdhury, Justice Md Rezaul Haque, Justice SM Emdadul Haque, Justice AKM Asaduzzaman and Justice Farah Mahbub.

Lawyers and media personnel were present in the packed Appellate Division courtroom at the time of the verdict.

Although the ruling automatically restores the caretaker government system in the constitution, the upcoming 13th national parliamentary election will be held under an interim government. The caretaker government system will take effect from the 14th national parliamentary election.

On 27 August this year, the Supreme Court allowed the BNP and four citizens, including Badiul Alam Majumdar, secretary of the rights organisation Shushashoner Jonno Nagorik (Shujan), to file two separate appeals against its previous verdict that annulled the 13th amendment.

The petitions challenge the 2011 Appellate Division verdict, which scrapped the caretaker government system. Alongside BNP and Shujan, Jamaat-e-Islami, freedom fighter Mofazzal Islam from Naogaon, and two rights organisations—the Centre for Law, Governance and Policy and Human Rights Support Society—had submitted review petitions last year seeking reconsideration.

The first review petition, filed on 27 August last year by five citizens including Badiul Alam Majumdar, argued that the caretaker government system had been introduced through political consensus and had thus become a fundamental part of the constitution, which cannot be abolished.

They also noted inconsistencies in the SC’s verdict, pointing out that while the short verdict allowed the 10th and 11th parliamentary elections under caretaker governments, this directive was omitted in the full judgement.

Separate review petitions were later filed by BNP Secretary General Mirza Fakhrul Islam Alamgir on 16 October and Jamaat-e-Islami Secretary General Miah Golam Parwar on 23 October. Mofazzal Islam also submitted two petitions, arguing that the 2014, 2018, and 2024 elections demonstrated that free and fair polls could not be ensured under political governments.

The review petitions were submitted in the aftermath of a student-led uprising on 5 August last year, which led to the ousting of the Sheikh Hasina-led Awami League government. Sheikh Hasina fled to India, and an interim government under Professor Muhammad Yunus was formed on 8 August.

Senior lawyers Sharif Bhuiyan represented five citizens, while Zainul Abedin, Md Badruddoza Badal, and Md Ruhul Quddus Kazal appeared for BNP. Advocate Mohammad Shishir Manir represented Jamaat-e-Islami, Shahriar Kabir for Mofazzal, and Ehsan A Siddiq and Imran Siddiq for the rights organisations. Attorney General Md Asaduzzaman and Additional Attorney General Aneek R Haque represented the state during the hearings.