Today, the High Court reinstated Bangladesh’s non-party caretaker government provision.
Furthermore, it has reinstated the necessity of holding referendums prior to any constitutional amendments.
The High Court bench of Justices Farah Mahbub and Debasish Roy Chowdhury partially repealed the 15th amendment to the constitution in response to two petitions contesting the constitutionality of the amendment that abolished the non-party caretaker government system.
Following the conclusion of the petition hearings, the bench set today as the date for the announcement of the decision: December 5.
For twelve working days, the court has heard arguments regarding the petitions. Mofazzal Hossain, a freedom fighter from Narayanpara, Naogaon, filed one of the writ petitions.
The government was asked to provide an explanation for why the Constitution (15th Amendment) Act, 2011 should not be ruled unconstitutional in a ruling issued on October 19 by the HC bench, which was presided over by Justice Farah Mahbub. The ruling also questioned the validity of actions taken in accordance with the amendment.
After five citizens filed a writ petition, another HC bench, presided over by Justice Naima Haider, who is currently on leave, issued a similar rule on August 19.
Among the petitioners were Tofail Ahmed, M Hafizuddin Khan, Md Jobirul Hoque Bhuiyan, Zahrah Rahman, and Badiul Alam Majumdar, secretary of Shushashoner Jonno Nagorik. In their public interest lawsuit, the petitioners contended that three consecutive contested elections in 2014, 2018, and 2024 resulted from the 15th Amendment’s repeal of the nonparty caretaker government system.
A few political parties, such as the BNP and Jamaat-e-Islami, as well as a few SC attorneys, have argued before the HC against the 15th amendment and in favor of the caretaker government system, in addition to the state and the writ petitioners.
