Caretaker govt: Hearing on 3 review appeals deferred to 17 Nov

The Appellate Division has fixed 17 November as the date of hearing on three appeals filed by the Bangladesh Nationalist Party (BNP), Bangladesh Jamaat-e-Islami and noted citizens seeking review of the verdict on cancellation of the caretaker government.

The six-member full bench of the Appellate Division of the Supreme Court, led by Chief Justice Syed Refaat Ahmed, passed the order Thursday.

Earlier on 10 May 2011, a seven-member full bench of the Appellate Division, cancelled the 13th amendment of the constitution that reintroduced the caretaker government system based on the majority opinions. The Appellate Division passed the order accepting an appeal against the High Court in this regard.

BNP secretary general Mirza Fakhrul Islam Alamgir last week filed an appeal seeking a review of the verdict.

Earlier, Shushashoner Jonno Nagorik (SHUJAN) secretary Badiul Alam Majumder and four other noted citizens also appealed seeking a review of the verdict.

The four are - Tofail Ahmed, M Hafizuddin Khan, Zobairul Haque Bhuiyan and Zahra Rahman.

The two separate review pleas were produced at the chamber court of the Appellate Division on 20 October. The court on that day fixed 24 October as the date of hearing of the two appeals in the full bench.

Meanwhile, Bangladesh Jamaat-e-Islami secretary general Mia Golam Parwar also filed an appeal seeking review of the 10 May 2011 verdict.

The caretaker government system was introduced to the constitution through the 13th amendment in 1996.

Supreme Court lawyer M Salimullah and a few others filed a writ petition with the High Court challenging the legality of the amendment in 1998.

The High Court issued a rule in a primary hearing. Later, a special bench of the High Court in its final verdict on 4 August 2004 said the 13th amendment was constitutional.

The opposing sides were permitted to appeal directly against the verdict.

The writ petitioner filed an appeal against the verdict in 2005. Accepting the appeal, the Appellate Division gave its verdict on 10 May 2011.

Following this, the Jatiya Sangsad passed the 15th amendment in parliament abolishing the caretaker government system and a few other amendments on 30 June 2011.

A gazette notification in this regard was issued on 3 July 2011.