The Supreme Court on Thursday overturned its 14-year-old verdict that had annulled the 13th amendment to the constitution, which introduced the caretaker government system.
In a unanimous decision delivered today, the Appellate Division allowed the appeals and review petitions filed against that earlier judgment, thereby setting it aside.
In its judgment, the Court stated that the Appellate Division’s earlier ruling was “manifestly flawed on multiple counts”. That ruling has now been “entirely invalidated”.
The Appellate Division also held that Chapter IIA of Part IV of the constitution, containing provisions relating to the non-partisan caretaker government and incorporated through section 3 of the 13th Amendment, has been revived and reactivated through today’s judgment. The provisions relating to a non-partisan caretaker government shall, however, take effect solely on the basis of future applicability.
The seven-member Appellate Division bench, headed by chief justice Syed Refaat Ahmed, delivered the judgment today.
The remaining six members of the bench are: justice Md Ashfaqul Islam, justice Zubayer Rahman Chowdhury, justice Md Rezaul Haque, justice SM Emdadul Hoque, justice AKM Asaduzzaman, and justice Farah Mahbub.
In 1999, Supreme Court lawyer M Salimullah and others filed a writ petition challenging the legality of the 13th amendment.
Following the final hearing, on 4 August 2004, a special bench of the High Court delivered its judgment, declaring the 13th amendment valid, thereby upholding the caretaker government system.
In 2005, the petitioners appealed against that judgment. Allowing the appeal, the Appellate Division delivered a judgment on 10 May 2011. Led by then chief justice ABM Khairul Haque, the seven-member bench, by a majority opinion (4–3), declared the 13th amendment void.
Following that decision, the Awami League government abolished the caretaker government system by enacting the 15th amendment to the constitution in 2011.
Prior to this, national parliamentary elections in 1996, 2001 and 2008 were held under the constitutionally mandated caretaker government system.
The 1991 general election, however, was conducted under an interim administration formed through political consensus. The head of that interim government was then chief justice Shahabuddin Ahmed, who relinquished his post as chief justice to serve as acting president.