BNP files review petition seeking reinstatement of caretaker govt

BNP secretary general Mirza Fakhrul Islam Alamgir has filed a review petition seeking the Supreme Court verdict that annulled the caretaker government system in 2011.

Advocate Zainul Abedin, president of the Jatiotabadi Ainjibi Forum, made the announcement at a press briefing at Supreme Court Bar Association Auditorium today, Thursday.

In a written statement, senior lawyer Zainul Abedin said a seven-member full bench of the Appellate Division declared the 13th Amendment to the constitution (caretaker government) null and void on 10 June 2011, with a 4:3 majority. As a result, three subsequent national elections in 2014, 2018 and 2024 were held amid unprecedented rigging. The democracy was faltered and autocracy established.

Zainul Abedin said the fascist regime was toppled on 5 August in a student-led movement and the then prime minister Sheikh Hasina had to flee the country. An interim government was formed based on the opinion of the Supreme Court.

Zainul Abedin, also a BNP leader, said the fifth parliamentary election was held in 1991 in a free, fair and impartial manner through a neutral government formed through national consensus.

BNP formed the government in that parliament. When the BNP was in power, the demand to include the caretaker government in the constitution became a national demand.

BNP included the caretaker government system in the constitution through 13th amendment showing respect to people’s wishes. Later, caretaker governments conducted three successive general elections in 1996, 2001 and 2008 and democracy became institutionalized.

Zainul Abedin said, “Awami League formed a government with two-thirds majority in 2009. The Supreme Court on 10 June 2011 scrapped the 13th amendment to the constitution through a summary judgment. The government took initiative to amend the constitution based on the judgment. The full verdict was published later in September 2012."

"However, the then government hastily amended the constitution and annulled the caretaker government system. For that, the summary judgment was changed in the full verdict, which is nothing but a judicial fraud,” he added.

A total of ten grounds have been cited in the 41-page review petition, he added.

Zianul Abedin said a judicial fraud was committed by changing the summary judgment and publishing the full verdict 18 months after the retirement of the then chief justice Khairul Haque. A criminal case is under process in this regard.

He said the verdict demolished the foundation of the constitution and gave rise to autocracy.

This verdict needs to be reviewed to ensure an environment to hold free, fair and participatory elections, he asserted.

Senior lawyer AM Mahbub Uddin Khokon and legal affairs secretary Kaiser Kamal, among others, were present at the press briefing.

BNP appointed lawyer Shishir Manir for the review hearing. He was also present at the press briefing.