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SC continues hearing on appeal over caretaker govt system

Staff Reporter:

The Appellate Division of the Supreme Court (SC) yesterday continued hearing an appeal against its earlier judgment that had abolished the poll-time non-party caretaker government system.
The Appellate Division full bench, headed by Chief Justice Syed Refaat Ahmed, held the hearing for the fifth consecutive day. At the end of yesterday’s proceedings, the apex court adjourned the hearing till November 2.
Senior Advocate Zainul Abedin took part in yesterday’s hearing on behalf of the Bangladesh Nationalist Party (BNP). Earlier, on October 28, Advocate Mohammad Shishir Manir argued for Bangladesh Ja-maat-e-Islami.
Advocate Sharif Bhuiyan was the first to present arguments on October 21, representing five noted citi-zens in the case. He continued the following day. Barrister Ehsan Abdullah Siddiq participated in the hearing as an intervener on October 23.
Earlier, Senior Advocates Zainul Abedin and Barrister Ruhul Quddus Kazal appeared for a plea filed by BNP Secretary General Mirza Fakhrul Islam Alamgir while Advocate Mohammad Shishir Manir repre-sented Bangladesh Jamaat-e-Islami.
Attorney General Md Asaduzzaman appeared for 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 October 29 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 Ala-mgir, another by Jamaat-e-Islami Secretary General Mia Golam Parwar, one by five noted citizens in-cluding Shushashoner Jonno Nagorik (SUJAN) Secretary Dr. 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 illegal.
Attorney General Md Asaduzzaman, after the verdict, told journalists that the High Court had ruled the abolition of the caretaker government provision unconstitutional, meaning the system remains part of the Constitution.

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