Appellate Division Seeks Effective Solution on Election-time Government: Chief Justice

The Chief Justice of Bangladesh has stated that the Appellate Division does not wish to provide a temporary solution by reinstating the caretaker government system. Instead, the division aims to establish an effective and sustainable solution regarding the election-time government, one that cannot be disrupted repeatedly. The Chief Justice emphasised that any measure adopted must have a far-reaching impact on establishing democracy in the country.

He made these remarks on Wednesday, 27 August, during a hearing conducted by a six-member Appellate Bench headed by Chief Justice Dr Syed Refat Ahmed.

The Appellate Division of the Supreme Court is currently reviewing several petitions filed by:

• Bangladesh Nationalist Party (BNP)
• Jamaat-e-Islami
• Citizens for Good Governance (SUJAN)
• And other organisations

These petitions seek a reconsideration of the verdict abolishing the caretaker government system.

On the previous day, Tuesday, 26 August, the same Appellate Bench postponed the hearing until the following day. At the start of that session, lawyer Shishir Monir argued that all judges who delivered verdicts in favour of abolishing the caretaker government were later appointed as Chief Justices.

On 21 August, appeals were filed by representatives of all major political parties, urging the Appellate Division to hold a prompt hearing on the caretaker government system. Lawyer Shishir Monir submitted the petition before the six-member bench headed by Chief Justice Dr Syed Refat Ahmed, which then set the hearing date.

The caretaker government system was inserted into the Constitution in 1996 through the Thirteenth Amendment.

The Fifteenth Amendment Act (2011) not only abolished the caretaker government system but also introduced several other constitutional changes.

• On 18 August last year, Badiul Alam Majumdar, Secretary of SUJAN, along with five eminent citizens, filed a writ petition challenging the Fifteenth Amendment. The High Court issued a rule following the preliminary hearing.
• In October last year, Bir Muktijoddha Md Mofazzal Hossain, a resident of Narayanpara in Raninagar, Naogaon, also filed a writ challenging the legality of 16 sections of the amendment. The High Court issued a rule in response.
• After final hearings, on 17 December last year, the High Court declared that Sections 20 and 21 of the Fifteenth Amendment—concerning the abolition of the non-partisan caretaker system—were unconstitutional and void.
• Additionally, the court reinstated the provision of referendum for constitutional amendments and struck down four more sections of the Fifteenth Amendment.

Chief Justice Dr Syed Refat Ahmed underscored that the Appellate Division’s solution must be comprehensive, ensuring democratic stability and preventing future constitutional deadlocks.