Staff Reporter:
The Appellate Division of the Supreme Court (SC) yesterday began hearing an appeal against its earlier judgment that had abolished the poll-time non-party caretaker government (CG) system.
The full bench of the Appellate Division headed by Chief Justice Syed Refaat Ahmed started the pro-ceedings. Advocate Sharif Bhuiyan was the first to present arguments, representing five noted citizens in the case.
Senior advocates Zainul Abedin and Barrister Ruhul Quddus Kazal appeared for a plea filed by BNP Secretary General Mirza Fakhrul Islam Alamgir. At the same time, Advocate Mohammad Shishir Manir argued for Bangladesh Jamaat-e-Islami. Attorney General Md Asaduzzaman represented the state.
Advocate ASM Shahriar Kabir also took part in the hearing on another plea filed in this connection.
On August 27, 2025, the Appellate Division granted leave to hear the appeal against its 2011 judgment that had declared the 13th amendment to the constitution — introducing the caretaker government system — illegal, and fixed today for hearing.
The apex court passed the order after hearing several review petitions seeking restoration of the 13th amendment and reinstatement of the caretaker government provision.
A total of four pleas were filed in this regard — one by BNP Secretary General Mirza Fakhrul Islam Alamgir, another by Jamaat-e-Islami Secretary General Mia Golam Parwar, one by five noted citizens including Shushashoner Jonno Nagorik (SUJAN) Secretary Badiul Alam Majumdar, and another by an individual petitioner. All the pleas are being heard together.
Earlier, on December 17, 2024, the High Court had declared the scrapping of the caretaker government system from the constitution as illegal.
Attorney General Md Asaduzzaman, after pronouncement of the judgment, told journalists that the High Court has declared the scrapping of caretaker government provision in the constitution as illegal and from now on the caretaker system is part of the constitution.
