The Appellate Division on Thursday began hearing a review petition challenging its 2011 verdict that annulled the constitutional provision for a non-party caretaker government, a system once credited with ensuring neutral national elections in Bangladesh.
A seven-member bench, led by chief justice Syed Refaat Ahmed, heard initial arguments from lawyer Mohammad Shishir Manir, representing Bangladesh Jamaat-e-Islami, which has been added as an intervener in support of the petition.
The hearing will continue today, with further arguments from Shishir.
The review petition, permitted by the court on August 26, 2024, was filed by five eminent citizens. They are Sushashoner Jonno Nagorik (Shujan) president M Hafizuddin Khan, secretary Badiul Alam Majumder, local government expert Tofail Ahmed, and citizens Md Jobirul Hoque and Zahrah Rahman.
Bangladesh Nationalist Party was also later added as an intervener supporting the petition.
In his submission, Shishir Manir argued that the 2011 verdict, authored by former chief justice ABM Khairul Haque, who is now in jail, undermined constitutional integrity and democratic process.
He claimed that Khairul Haque committed a 鈥榝raud upon the administration of justice鈥� by modifying the judgment 16 months after his retirement.
According to Manir, the bench had observed in open court on May 10, 2011 that the 10th and 11th national elections could still be held under a caretaker government. However, when the full text of the judgment was released on September 16, 2012, after Justice Khairul鈥檚 retirement, those observations were omitted and replaced with a new opinion that only elected lawmakers could form a government, effectively ruling out any future caretaker system.
In the final judgment, Justice Khairul introduced the idea that the Jatiya Sangsad could be dissolved 42 days before the polls and a small interim cabinet could carry out routine governance until a new government took office, a proposal critics say lacks constitutional basis.
Justice Md Wahhab Miah, one of the seven judges who originally disposed of the caretaker case, later remarked that the final written verdict did not conform to the 鈥榮hort order鈥� announced in open court.
Manir also pointed out that the caretaker system was annulled through a 4-3 majority verdict, with three judges supporting Justice Khairul鈥檚 opinion, while three others, including Justice Wahhab Miah, opposed the decision, raising further questions about the legitimacy and democratic impact of the ruling.
