Attorney general Md Asaduzzaman on Thursday urged the Appellate Division of the Supreme Court to decide when its verdict on the caretaker government system, if reinstated, will come into effect.
He said that the government believes the verdict should take effect after the next general election, which will be held under the interim government.
Asaduzzaman explained that while laws operate prospectively, the Supreme Court may give its judgement 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 the BNP, and Mohammad Shishir Manir for the Bangladesh Jamaat-e-Islami.
The attorney general said that the interim 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 in 1971 liberation war.
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 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 after the deposed prime minister, Sheikh Hasina, and her cabinet had fled following the July uprising.
Asaduzzaman said the government was formed not only based on the Supreme Court鈥檚 opinion but also on the mandate of the July uprising, 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 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 conflicting as all five judges who supported the verdict 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 that 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 that 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 in the scrap of the non-party 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 the future, emphasising that the major political parties had not delayed the matter for political gain.
