The High Court has observed that the Fifteenth Amendment to the Constitution of Bangladesh contradicted its fundamental framework and rendered key democratic principles compromised, emphasising that there is no legal bar to reinstating the caretaker government system. A High Court bench comprising Justice Farah Mahbub and Justice Debasish Roy Chowdhury made the remarks while delivering its verdict on the much-debated Fifteenth Amendment and the abolition of the caretaker government system on Tuesday. The court ruled that the amendment, while not entirely void, had undermined the Constitution’s fundamental structure. Caretaker Issue: Verdict on validity of 15th Amendment today In its observations, the High Court said that the core of the Constitution lies in democracy, which can only be ensured through free, fair, and credible elections. It added that the caretaker government system, introduced through political consensus, had become an essential component of the Constitution’s basic framework. “The beauty of the Constitution lies in empowering the people. The people are the source of all power,” the court noted in its judgment, reinforcing the necessity of a mechanism to preserve democratic values. The High Court reiterated that the abolition of the caretaker government system disrupted the nation’s democratic structure, as it was originally enacted to ensure impartial elections and foster political stability. The court observed, “Caretaker governments were formed through political consensus and have since become a fundamental part of the Constitution’s foundation.” ACC sues former ministers, their families over corruption The ruling followed extensive hearings spanning 23 working days, during which key legal representatives from all concerned parties presented their arguments. Attorney General Md Asaduzzaman and Deputy Attorney General Md Asad Uddin represented the state. Senior lawyer Dr Sharif Bhuiyan argued on behalf of the petitioners, including Badiul Alam Majumdar of SUJAN, while BNP’s counsel included senior lawyers Zainul Abedin, Barrister Badruddoza Badal, Barrister Ruhul Quddus Kajol, and Advocate Farzana Sharmin Putul. Jamaat-e-Islami was represented by Advocate Mohammad Shishir Monir and Barrister Ehsan Siddique, while Advocate Ishrat Hasan spoke for Insaniyat Biplob. Additionally, Barrister Junaid Ahmed Chowdhury appeared for four other petitioners, and Barrister Hamidul Misbah argued as an intervener. Earlier, on December 5, the court had scheduled the verdict following the prolonged hearings on why the 15th Amendment, which abolished the caretaker government system, should not be declared illegal. Writ petition seeking probe into graft allegations against 51 judges, other staff rejected The caretaker government system, originally introduced to oversee impartial elections, was scrapped through the Fifteenth Amendment in 2011, a move that sparked criticism from various political quarters and civil society groups. Legal and political analysts have noted that the High Court’s ruling opens the door for revisiting and restoring the caretaker government framework, a measure many believe is crucial to holding credible elections and ensuring the nation’s democratic stability.

Information and Broadcasting Minister Dr Hasan Mahmud has dismissed the opposition BNP's principal demand of a non-party government to oversee the next elections, and said that although BNP is now pretending to be a systematic movement, if given the chance it would create anarchy again in the country. "So Awami League leaders and activists must have to be careful," the minister said at a peace rally organised by the Chittagong Metropolitan Awami League at Andarkilla intersection in the city on Saturday (February 4) afternoon as a chief guest. He said, "BNP knows that they have no chance to win in the elections, so they have plotted many conspiracies. But no one will be allowed to create any kind of chaos in the country. If anyone tries to create chaos, Awami League will resist them with the people." Hasan Mahmud, also the joint general secretary of Awami League (AL), said there will be no caretaker or polls-time-neutral government in Bangladesh to oversee national elections again. "There is no caretaker government anywhere in the world except Pakistan. BNP wants to follow Pakistan, but Bangladesh doesn't." "As per the constitution, a fair and neutral election will be held in the country through the Election Commission under a government elected by people,” he said. Deputy Minister of Education Mohibul Hasan Chowdhury Nowfel and General Secretary of Metropolitan Awami League and former Mayor AJM Nashir Uddin, among others, addressed the rally with acting President of Chittagong Metropolitan Awami League Mahtab Uddin Chowdhury in the chair. Read more: Caretaker government most suitable system for credible polls: Fakhrul  

BNP has realized that they cannot win in the next national election, and that is why they are making excuses for not participating in it, Information and Broadcasting Minister Hasan Mahmud said today. “We want to compete with and defeat BNP. However, they will not get the opportunity to cause mayhem as they did in 2014. If they try, the countrymen will throw them into the sea,” he said. He made the remarks at a press conference held at the AL party office in Rajshahi. Awami League wants every political party to participate in the elections, he said, adding that the caretaker government system only exists in Pakistan. Also Read: BNP’s march from Shahjadpur to Malibagh begins “BNP wants to follow Pakistan, but our electoral process will be similar to that of Australia, India, the United States, and Japan. The election will be held as per the country’s constitution,” the minister said. The AL leader also said that BNP attempted to destroy democracy during the 2014 national election. “They burnt down 500 voting centers and killed several election officers,” he added. The information minister also stated that due to the country's current economic situation, using EVMs (electronic voting machines) in all seats is not possible. “The Election Commission proposed an approximately one million dollar project to purchase EVMs. However, given the global economic situation, we decided not to proceed with the project,” he said. Also Read: BNP unveils 4-day march programme in Dhaka from Jan 28 He also said that because elections are held under the jurisdiction of the Election Commission, the government cannot transfer any OC, UNO, or constable after the election date is announced. Mayor of Rajshahi City Corporation and AL presidium member AHM Khairuzzaman Liton and MP Md. Ayen Uddin were also present, among others, at the press conference.  

BNP standing committee member Amir Khasru Mahmud Chowdhury today said the countrymen have given their verdict for restoration of the caretaker government — for holding the next national polls. “We’ll execute this verdict at any cost, even if it means sacrificing blood and lives,” he said while addressing the BNP rally at Golapbagh in the capital today. Read: BNP’s much talked-about Dhaka rally begins, Khandaker Mosharraf may announce 10-point demand He said the government has enforced a “hartal” in the capital while ruling party cadres are picketing “with arms” to stop the wave of people coming towards the rally, but they have miserably failed. Tens of thousands of people from the capital and different parts of the country joined the rally and the crowd spilled over onto several square kilometers around the rally venue. Read: 7 BNP MPs resigned via email, Rumeen Farhana announces at Golapbagh rally Before joining the rally, seven BNP MPs resigned from the Parliament by sending their resignation letter through an email.

BNP Secretary General Mirza Fakhrul Islam on Saturday said the government’s “threats” will not work anymore, as people will not return home until their victory is ensured in the movement for the restoration of their voting rights. Speaking at the party’s divisional rally in Sylhet, he also said the next election must be held under a non-partisan caretaker government and warned that those who oppose this election system will turn into “public enemies”. “The prime minister has issued a threat that we’ll face the fate of Hefajat if we try to wage a movement. We would like to say that people have woken up this time. So, these threats won’t work this time. People who have taken to the streets, won’t return home without realising their demands,” Fakhrul said. The BNP leader said their party’s main goal is to restore people’s rights that “have been lost, including the right to vote.” “We’ll establish a government of people through people’s votes…our movement can’t be stopped by opening fire and gunning down our leaders and activists.” Referring to the ruling party leaders’ remarks that the election will be held as per the constitution, he said their party (BNP) does not accept the charter that was amended by the current government. Referring to the events of 2011 leading up to the 15th amendment to the constitution, Fakhrul said that the government had annulled the caretaker government system using the judiciary, creating a scope for holding elections under a partisan government. Fakhrul said the caretaker government that was included in the constitution by Khaleda Zia, must be restored to ensure a credible national election. “No election will be held in Bangladesh without the caretaker government.” He said the restoration of the caretaker government system is the only way to resolve the country’s political crisis.