Thursday, 28 August, 2025
Bangladesh’s top appeals court has expressed reluctance to reinstate the caretaker government system as a temporary measure, favouring instead a durable solution that would prevent repeated political disruption, Chief Justice Syed Refaat Ahmed has said.
“The aim is to ensure that any outcome has a lasting impact on the consolidation of democracy in the country,” he added.
Justice Refaat also questioned when a caretaker system would come into effect if it were reinstated, highlighting the practical challenges of reviving the mechanism.
The remarks came on Wednesday during the hearing of review petitions seeking reconsideration of the Supreme Court verdict that abolished the caretaker government system. The proceedings were held before the full Appellate Division bench of seven judges, presided over by the Chief Justice.
Barrister Ruhul Quddus Kajol, along with advocates Shishir Monir and Sharif Bhuiyan, are representing the petitioners, while Attorney General Md Asaduzzaman appears for the state.
A total of four review petitions – filed by a political party and six individuals – challenge the Supreme Court ruling that struck down the caretaker government arrangement. The hearings began on Tuesday.
The caretaker government system was first enshrined in the Constitution through the 13th Amendment in 1996. Its legality was questioned two years later when three lawyers, including Advocate M Salimullah, filed a writ petition before the High Court.
On 4 August 2004, the High Court dismissed the petition, upholding the system as valid. The petitioners subsequently appealed, and on 10 May 2011, a full bench of seven Appellate Division judges struck down the 13th Amendment by majority, effectively invalidating the caretaker mechanism.
Following this ruling, Parliament passed the 15th Amendment on 30 June 2011, formally abolishing the caretaker government arrangement, with the decision gazetted on 3 July that year.
After the change of government on 5 August last year, Shushashoner Jonno Nagorik (SHUJAN) Secretary Badiul Alam Majumdar, along with four others – Tofail Ahmed, M Hafizuddin Khan, Zobairul Haque Bhuiyan and Zahra Rahman – filed a review petition against the 2011 verdict.
Separately, on 23 October, Jamaat-e-Islami Secretary General Mia Golam Parwar submitted a review petition, while freedom fighter Mofazzal Hossain lodged another with the Appellate Division.
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Bangladesh’s top appeals court has expressed reluctance to reinstate the caretaker government system as a temporary measure, favouring instead a durable solution that would prevent repeated political disruption, Chief Justice Syed Refaat Ahmed has said.
“The aim is to ensure that any outcome has a lasting impact on the consolidation of democracy in the country,” he added.
Justice Refaat also questioned when a caretaker system would come into effect if it were reinstated, highlighting the practical challenges of reviving the mechanism.
The remarks came on Wednesday during the hearing of review petitions seeking reconsideration of the Supreme Court verdict that abolished the caretaker government system. The proceedings were held before the full Appellate Division bench of seven judges, presided over by the Chief Justice.
Barrister Ruhul Quddus Kajol, along with advocates Shishir Monir and Sharif Bhuiyan, are representing the petitioners, while Attorney General Md Asaduzzaman appears for the state.
A total of four review petitions – filed by a political party and six individuals – challenge the Supreme Court ruling that struck down the caretaker government arrangement. The hearings began on Tuesday.
The caretaker government system was first enshrined in the Constitution through the 13th Amendment in 1996. Its legality was questioned two years later when three lawyers, including Advocate M Salimullah, filed a writ petition before the High Court.
On 4 August 2004, the High Court dismissed the petition, upholding the system as valid. The petitioners subsequently appealed, and on 10 May 2011, a full bench of seven Appellate Division judges struck down the 13th Amendment by majority, effectively invalidating the caretaker mechanism.
Following this ruling, Parliament passed the 15th Amendment on 30 June 2011, formally abolishing the caretaker government arrangement, with the decision gazetted on 3 July that year.
After the change of government on 5 August last year, Shushashoner Jonno Nagorik (SHUJAN) Secretary Badiul Alam Majumdar, along with four others – Tofail Ahmed, M Hafizuddin Khan, Zobairul Haque Bhuiyan and Zahra Rahman – filed a review petition against the 2011 verdict.
Separately, on 23 October, Jamaat-e-Islami Secretary General Mia Golam Parwar submitted a review petition, while freedom fighter Mofazzal Hossain lodged another with the Appellate Division.
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