The Supreme Court’s Appellate Division is set to hear review petitions tomorrow, January 19, concerning the landmark ruling that abolished the caretaker government system by invalidating the 13th Amendment to the Constitution. This hearing, scheduled under item 13 of the day’s court proceedings, comes after a long-standing legal battle over the system’s validity and implications.

According to the Supreme Court’s official website, the Appellate Division will convene under Chief Justice Dr. Syed Refaat Ahmed. The review petitions were filed by notable political and civic leaders, challenging the 2011 judgment that declared the 13th Amendment unconstitutional and led to the caretaker government system’s dissolution.

The 13th Amendment, enacted in 1996, was introduced to ensure neutral oversight of general elections in Bangladesh. However, its validity was questioned through a legal challenge initiated by advocate M. Salim Ullah and two other lawyers. On May 10, 2011, the Appellate Division ruled the amendment unconstitutional, deeming it contrary to the basic structure of the Constitution.

Following the ruling, the Parliament enacted the 15th Amendment to formally abolish the caretaker government system on June 30, 2011. This amendment also included significant structural changes to the Constitution. The government published the related gazette notification on July 3, 2011.

In response to the contentious decision, several stakeholders have sought a judicial review. On October 16, 2024, Mirza Fakhrul Islam Alamgir, Secretary General of the Bangladesh Nationalist Party (BNP), filed a review petition. Earlier, Dr. Badiul Alam Majumdar, Secretary of Shushashoner Jonno Nagorik (SUJAN), had also submitted a petition. Additionally, Professor Mia Golam Parwar, Secretary General of Bangladesh Jamaat-e-Islami, filed a separate review application. These petitions were consolidated for simultaneous consideration.

On December 1, 2024, the Appellate Division set the hearing date for January 19, 2025. Representing the petitioners, senior advocates Zainul Abedin, Sharif Bhuiyan, and Mohammad Shishir Monir presented their arguments. On behalf of the state, Attorney General Md. Asaduzzaman defended the original judgment.

The case took another significant turn on December 17, 2024, when a High Court Division Bench comprising Justice Farah Mahbub and Justice Debashish Roy Chowdhury declared sections 20 and 21 of the 15th Amendment unconstitutional. These provisions, which pertain to the caretaker government’s abolition, were found to be in conflict with the Constitution. This ruling has added new dimensions to the ongoing debate.

The Supreme Court’s upcoming hearing is expected to address these legal complexities, weighing the implications of reinstating the caretaker government system. The outcome will have far-reaching consequences for Bangladesh’s political and electoral frameworks, potentially reshaping the nation’s governance structure.