Restoration of caretaker govt to put Bangladesh back on highway of democracy: AG

The restoration of the caretaker government system will put the country back on the “highway of democracy”, attorney general Md Asaduzzaman has remarked.

He said the elections held after the abolition of the caretaker system had “dug the grave of democracy”.

He made the comments in response to a question during a press briefing at his Supreme Court office at around 11:30 am Thursday, following the verdict delivered by the Appellate Division.

The briefing had been convened to explain the judgment regarding the 13th Amendment case.

The Appellate Division today struck down in full the verdict delivered 14 years ago that had invalidated the 13th Amendment of the, which inserted the caretaker government system into the Constitution.

Allowing the appeal filed against that earlier judgment, and disposing of the relevant review petitions, the apex court ruled that all provisions concerning the non-partisan caretaker government have been revived and reactivated.

According to the judgment, the reinstated provisions will be implemented strictly on the basis of future applicability.

Asked whether the judiciary in Bangladesh delivers politically biased judgments, the attorney general replied that he does not believe so.

Which verdict is politically motivated, and which verdict protects the interests of the people through legal reasoning, upholding democracy, safeguarding voting rights, defending the rule of law, and restoring constitutional institutions, is for the nation to judge, he said.

Asaduzzaman stated that today’s judgment has reintroduced the previous caretaker government system. This system, he said, will take effect within 15 days of the dissolution of the next parliament.

The attorney general added that the caretaker system had originally been introduced in the Constitution in 1996 through the 13th Amendment. The Supreme Court has now declared it constitutional, ruling that it is not inconsistent with the Constitution.

He believes the full judgment will make clear that the caretaker system serves as a supportive mechanism for the preservation of democracy in Bangladesh.

Asked whether changes could be made to the outline of the caretaker system set out in the July Charter, the attorney general responded, “Parliament will have discussions. If, 20 years from now, the people feel that this system has decayed or become unfit, and that a better system is required to protect democracy, then of course parliament will have that discussion.”

Explaining why he had previously described the earlier judgment of the same Appellate Division as “tainted” and “flawed”, Asaduzzaman said the very reason it had been struck down was because it was indeed flawed and tainted. Among several reasons, one was that the then chief justice ABM Khairul Haque and his colleagues had, in writing that judgment, committed an offence under Section 219 of the Penal Code, he claimed.

In the interests of democracy, the attorney general said he does not believe any further commentary will arise on this verdict in the future.