Second day of appeal hearing on 15th Amendment underway

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The second day of appeal hearings has begun against a High Court verdict that struck down parts of the constitution’s 15th Amendment.

The hearing began Tuesday morning before a four-member Appellate Division bench led by the chief justice.

Attorney General Md. Ruhul Quddus Kajol represented the state in court. Advocate Mohammad Shishir Manir and Dr. Sharif Bhuiyan represented the writ petitioners.

Earlier, on November 13 last year, the Supreme Court granted permission to appeal the High Court’s ruling, which had declared illegal several provisions of the 15th Amendment, including the abolition of the widely discussed caretaker government system. The Appellate Division, led by Chief Justice Dr. Syed Refaat Ahmed, issued that order.

Advocate Dr. Sharif Bhuiyan argued in support of the application in court. Additional Attorney General Barrister Anik R. Haque argued for the state.

Notably, after concluding final hearings on two separate writ petitions, the High Court ruled on December 17, 2024, that parts of the 15th Amendment were unconstitutional and void.

Fifteen years ago, the then-Awami League government made several changes through the 15th Amendment, including abolishing the caretaker government system.

While the High Court ruling opened the path for the caretaker system’s return, some complications remained, prompting three separate appeals against the High Court verdict. One appeal was filed by four individuals including the editor of Sushashoner Jonno Nagorik (Citizens for Good Governance). Separate appeals were filed by Noagaon resident Md. Mofazzal Hossain and on behalf of Bangladesh Jamaat-e-Islami. All three appeals were on the court’s docket for hearing today.

The Awami League government had passed the 15th Amendment Act in parliament on June 30, 2011, abolishing the caretaker government system among other changes. That amendment altered 54 provisions of the constitution, including the abolition of the caretaker government system.

বাংলায় মূল প্রতিবেদন পড়ুন · Read the original Bengali report

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