SC Continues Hearing Appeal Over Caretaker Government System

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Dhaka: The Appellate Division of the Supreme Court (SC) today continued its hearing on an appeal against its earlier judgment that had abolished the poll-time non-party caretaker government (CG) system. The Appellate Division full bench, headed by Chief Justice Syed Refaat Ahmed, held the hearing on the matter for the fourth day.



According to Bangladesh Sangbad Sangstha, Advocate Mohammad Shishir Manir represented Bangladesh Jamaat-e-Islami during the proceedings. The hearing has seen participation from various legal representatives since its commencement. On October 21, Advocate Sharif Bhuiyan was the first to present arguments, representing five noted citizens in the case, continuing on October 22. Barrister Ehsan Abdullah Siddiq participated as an intervener on October 23.



Senior advocates Zainul Abedin and Barrister Ruhul Quddus Kazal had appeared for a plea filed by BNP Secretary General Mirza Fakhrul Islam Alamgir, along with Advocate Mohammad Shishir Manir for Bangladesh Jamaat-e-Islami. Attorney General Md Asaduzzaman represented the state, providing insights into the government’s stance on the matter. Additionally, Advocate ASM Shahriar Kabir contributed to the hearing on another related plea.



The appeal against the 2011 judgment, which declared the 13th amendment to the constitution illegal, was granted leave by the Appellate Division on August 27, 2025. The apex court had earlier heard several review petitions seeking the restoration of the 13th amendment and the reinstatement of the caretaker government provision, setting the stage for today’s hearing.



A total of four pleas have been filed regarding this issue. These include submissions by BNP Secretary General Mirza Fakhrul Islam Alamgir, Jamaat-e-Islami Secretary General Mia Golam Parwar, five noted citizens including Shushashoner Jonno Nagorik (SUJAN) Secretary Badiul Alam Majumdar, and an individual petitioner. All pleas are being heard collectively as the court deliberates on the matter.



Previously, on December 17, 2024, the High Court had ruled the scrapping of the caretaker government system from the constitution as illegal. Following the judgment, Attorney General Md Asaduzzaman informed journalists that the High Court’s decision effectively reinstated the caretaker system as part of the constitution.