The High Court today (Dec 17) reinstated the provision for non-party caretaker governments in Bangladesh, declaring the abolition of the caretaker system under the 15th Amendment to the constitution illegal.

It has also revived the provision of holding referendums to bring any amendment to the constitution.

The High Court bench of Justice Farah Mahbub and Justice Debashish Roy Chowdhury delivered the verdict this morning (Dec 17). 

On December 4, the court wrapped up hearings on two writ petitions that challenged the legitimacy of the 15th Amendment.

The ruling came following a writ petition filed by five prominent individuals, including Badiul Alam Majumdar, editor of Sushasoner Jonno Nagorik (Sujon), seeking the cancellation of the amendment. 

In response, on August 19, the High Court issued a rule asking why the 15th Amendment should not be declared unconstitutional. Several parties, including Jamaat-e-Islami Secretary General Mia Golam Parwar, BNP Secretary General Mirza Fakhrul Islam Alamgir, and representatives from Gono Forum, joined as intervenors in support of the petition. Their lawyers presented statements on their behalf.

In addition, freedom fighter Md. Mofazzal Hossain, a resident of Raninagar, Naogaon, filed a separate writ petition challenging the amendment. 

The 15th amendment, passed by the ruling Awami League on June 30, 2011, eliminated the caretaker government provision. Additionally, it introduced a clause imposing the death penalty for the illegal seizure of state power, classifying such acts as treason.

BDST: 1250 HRS, DEC 17, 2024
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