Advocate Mohammad Shishir Manir on Tuesday said it would not be possible to hold the upcoming 13th National Parliamentary Election under a caretaker government even if such a system is reinstated through a Supreme Court verdict.
“According to the Constitution, a caretaker government must be formed within 15 days after the dissolution of Parliament. But Parliament was dissolved more than a year ago. Therefore, even if the court restores the caretaker system, it cannot be applied to the upcoming election as the constitutional context for its implementation no longer exists,” he said.
Shishir Manir made the remarks while speaking to reporters at the Annex Building of the Supreme Court after concluding his law-point arguments during a hearing on a review petition.
The petition was heard before a seven-member bench of the Appellate Division, led by Chief Justice Syed Refaat Ahmed.
Shishir said an interim government is currently running the country with a three-point mandate — reform, justice, and conducting a free and fair election.
“The election will be held under this interim government. Before the polls, the cabinet will be downsized, and the election will be conducted under that smaller cabinet,” he added.
Even if the court reinstates the caretaker system, it will not play any effective role in the upcoming polls, he said. The caretaker government concept is a unique feature in Bangladesh’s political history, he said.
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“There was once a national consensus over this system and that consensus still exists regarding its reintroduction. Jamaat-e-Islami considered it relevant 36 years ago, and after all these years, it has again proven to be most suitable for Bangladesh’s democracy,” Shishir said.
After the abolition of the caretaker government system, the people of Bangladesh have deeply realised the consequences of arbitrary political decisions, he observed.
Earlier, hearings on the appeals seeking restoration of the caretaker government system were held on October 21.
On August 27, the Appellate Division granted leave to appeal against its 2011 verdict that had annulled the 13th Amendment to the Constitution, which had introduced the caretaker government provision.
The caretaker system was incorporated into the Constitution through the 13th Amendment in 1996.
Later, three lawyers, including Advocate M Salim Ullah, filed a writ petition challenging the amendment in 1998.
In 2005, the petitioner filed an appeal. Acting on that appeal, a full bench of the Appellate Division, by a majority opinion, delivered a verdict on May 10, 2011, declaring the 13th Amendment to the Constitution null and void.
Following the verdict, the 15th Amendment Act, which abolished the caretaker government system along with several other changes, was passed in Parliament on June 30, 2011, with a gazette notification published on July 3 that year.
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After the change of government, five prominent individuals, including Shushashoner Jonno Nagorik (SUJAN) Secretary Dr Badiul Alam Majumdar, filed an appeal on August 5 last year seeking a review of the verdict.
The other petitioners were Tofail Ahmed, M Hafizuddin Khan, Zobairul Haq Bhuiyan and Zahra Rahman.
BNP Secretary General Mirza Fakhrul Islam Alamgir filed a separate review petition on October 16, followed by another from Jamaat-e-Islami Secretary General Prof Mia Golam Parwar on October 23.