Attorney general Md Asaduzzaman on Thursday urged the Appellate Division to decide when its verdict if the caretaker government system is reinstated, will come into effect, and such timing would not violate any law.
He said the government believes the verdict should take effect after the next general election, which will be held under the present government.
Asaduzzaman explained that while laws operate prospectively, the Supreme Court may give its judgment a prospective effect.
He made the remarks during his closing arguments before a seven-member Appellate Division bench led by chief justice Syed Refaat Ahmed.
The bench was hearing several review petitions seeking reinstatement of the caretaker government system, which was abolished through the court鈥檚 2011 verdict that struck down the 13th amendment to the constitution.
The court adjourned the hearing until November 11, when it will hear replies from lawyers Sharif Bhuiyan for Sujan, Zainul Abedin for BNP, and Mohammad Shishir Manir for Bangladesh Jamaat-e-Islami.
The attorney general said that the present government was formed in line with the Supreme Court鈥檚 reference to the 鈥榬evolutionary spirit鈥� of the July鈥揂ugust 2024 movement, reflecting the people鈥檚 will similar to that of 1972.
He said that the July protesters had determined who would lead the government, what form it would take, and who would serve as chief justice.
Citing landmark judgements at home and abroad, Asaduzzaman argued that if the court鈥檚 verdict takes effect after the upcoming election, it would not breach the law.
He added that after the prime minister Sheikh Hasina and her cabinet fled following the July 2024 uprising, the president, with the Supreme Court鈥檚 opinion under Article 106 of the Constitution, formed the present government to protect citizens left without leadership.
Asaduzzaman said that the government was formed not only based on the Supreme Court鈥檚 opinion but also on the mandate of the July revolution, which he described as reflecting the people鈥檚 will and serving as the foundation of the present government.
He said that the purpose of the 13th Amendment was to ensure people鈥檚 right to vote and reflect their will through free and fair elections.
He argued that the 2011 Appellate Division鈥� majority verdict, led by chief Justice ABM Khairul Haque, which scrapped the the non-party caretaker government system, was biased and politically motivated.
The Appellate Division had ruled that the caretaker system was unconstitutional as it created an unelected government and risked compromising the judiciary鈥檚 independence.
The attorney general pointed out that Khairul Haque鈥檚 judgement was contrary as all five judges including himself who supported the verdict later became chief justices, while the two dissenting judges were denied elevation.
He said that subsequent elections under political governments proved that free and credible polls were not possible without a neutral administration.
Citing reports from the Commonwealth and the UN, he said the people鈥檚 democratic rights were better protected under caretaker governments as all the elections under those governments were 鈥榗redible鈥�.
Quoting British writer and politician Winston Churchill, Asaduzzaman said democracy means people choosing their representatives freely.
He also accused Justice Khairul Haque鈥檚 interpretation of being malicious, wrong and punishable under the Penal Code resulting scrap of the nonparty caretaker government system.
He added that the caretaker government case was prioritised to dispose of to prevent recurrence of political killings, enforced disappearances, and fabricated cases in future, emphasising that the major political parties had not delayed the matter for political gain.
