Jamaat's review petition to restore caretaker government system

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Jamaat's review petition to restore caretaker government system

Jamaat's review petition to restore caretaker government system

Dhaka: Bangladesh Jamaat-e-Islami has filed a review petition against the verdict to annul the 13th Amendment to the Constitution, which abolished the former caretaker government system.

Jamaat Secretary General Mia Golam Parwar filed the review petition with the Appellate Division on Wednesday (October 23).

বিজ্ঞাপন

The party's lawyer Mohammad Shishir Munir confirmed this.

In 2011, the Jatiyo Sangsad passed the 15th Amendment, which made several changes to the Constitution, including abolishing the caretaker government.

বিজ্ঞাপন

On May 10 of that year, the Appellate Division, based on a majority opinion, said in a short order that if the JS wanted, two more elections (the 10th and 11th) could be held under the caretaker government.

The short verdict also said that the Appellate Division gave its opinion for amending the Constitution as the former Chief Justice and judges of the Appellate Division cannot be appointed as heads of a non-partisan caretaker government.

When the full judgment was published on September 16, 2012, 16 months after that short order, ABM Khairul Haque retired from the post of Chief Justice. The full judgment he published did not address the issue of the caretaker government system for the next two terms.

In fact, the full judgment also included the issue of the parliament remaining in power even after the government's term ended. This huge discrepancy between the short judgment and the full judgment sparked a heated debate.

Justice Md. Mozammel Hossain, Justice SK Sinha and Justice Syed Mahmud Hossain agreed with Justice ABM Khairul Haque in the full judgment.

Justice Md. Abdul Wahhab Miah dissented from the judgment and expressed his opinion in favor of maintaining the caretaker government system. Justice Nazmun Ara Sultana agreed with him.

However, Justice Md. Iman Ali left the matter to the JS without giving an opinion for or against the caretaker government.