The High Court today restored the provision of non-party caretaker governments in Bangladesh.
It has also revived the provision of holding referendums to bring any amendment to the constitution.
The HC bench of Justice Farah Mahbub and Justice Debasish Roy Chowdhury scrapped the 15th amendment of the constitution partially in response to two petitions filed challenging legality of the constitutionality of the amendment that scrapped the non-party caretaker government system.
On December 5, the bench fixed today as the date for the announcement of the judgement after concluding hearings on the petitions.
The court has heard arguments on the petitions for 12 working days. One of the writ petitions was filed by Mofazzal Hossain, a freedom fighter from Narayanpara, Naogaon.
On October 19, the HC bench led by Justice Farah Mahbub issued a rule asking the government to explain why the Constitution (15th Amendment) Act, 2011, should not be declared unconstitutional. It also questioned why actions taken under the amendment should not be invalidated.
On August 19, another HC bench led by Justice Naima Haider, who is currently on leave, issued a similar rule following a writ petition filed by five citizens.
The petitioners included – Badiul Alam Majumdar, secretary of Shushashoner Jonno Nagorik, along with Tofail Ahmed, M Hafizuddin Khan, Md Jobirul Hoque Bhuiyan, and Zahrah Rahman. The petitioners, submitting their case as a public interest litigation, argued that the abolition of the nonparty caretaker government system through the 15th amendment led to three consecutive disputed elections in 2014, 2018, and 2024.
Apart from the writ petitioners and the state, few political parties, including BNP and Jamaat-e-Islami and some SC lawyers have placed arguments before the HC against the 15th amendment and in favour of the caretaker government system.
source: The Daily Star