SC Begins Hearing on Appeal Over Caretaker Government System

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Dhaka: The Appellate Division of the Supreme Court (SC) today started hearing an appeal against its previous judgment that abolished the poll-time non-party caretaker government (CG) system. The full bench of the Appellate Division, headed by Chief Justice Syed Refaat Ahmed, commenced the proceedings. Advocate Sharif Bhuiyan was the first to present arguments on behalf of five noted citizens involved in the case.



According to Bangladesh Sangbad Sangstha, senior advocates Zainul Abedin and Barrister Ruhul Quddus Kazal appeared for a plea filed by BNP Secretary General Mirza Fakhrul Islam Alamgir. Simultaneously, Advocate Mohammad Shishir Manir argued on behalf of Bangladesh Jamaat-e-Islami, while Attorney General Md Asaduzzaman represented the state. Additionally, Advocate ASM Shahriar Kabir participated in the hearing related to another plea filed in this context.



On August 27, 2025, the Appellate Division granted leave to hear the appeal against its 2011 judgment that declared the 13th amendment to the constitution – which introduced the caretaker government system – illegal, and scheduled today for the hearing. The apex court’s decision followed several review petitions that sought the restoration of the 13th amendment and reinstatement of the caretaker government provision.



A total of four pleas have been filed in this regard. Among them, one was filed by BNP Secretary General Mirza Fakhrul Islam Alamgir, another by Jamaat-e-Islami Secretary General Mia Golam Parwar, a third by five noted citizens including Shushashoner Jonno Nagorik (SUJAN) Secretary Badiul Alam Majumdar, and the fourth by an individual petitioner. All these pleas are being heard together.



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