DHAKA — Bangladesh has returned to the path of democracy following the Supreme Court’s historic ruling restoring the non-party caretaker government system for elections, Attorney General Md. Asaduzzaman said Thursday.
Speaking to reporters about the ruling, the attorney general said: “The people of Bangladesh will be able to cast their own votes in the future. Voting will not take place at night, and dead people will not come to vote. We believe the country is back on the path of democracy.”
Asaduzzaman said the court ruled Thursday that the earlier judgment annulling the 13th constitutional amendment, which provided for the caretaker system, was flawed. The previous ruling was written by former Chief Justice ABM Khairul Haque, who along with his colleagues committed an offense under Section 219 of the Penal Code, he told the hearing.
The Supreme Court’s Appellate Division issued the ruling restoring the non-party caretaker system for elections.
The system will take effect from the election following the next parliamentary vote.
A seven-member full bench led by Chief Justice Syed Refaat Ahmed unanimously declared null the previous ruling that had annulled the 13th constitutional amendment on the caretaker system.
The other six justices on the appeals bench were Justice Md. Ashfaqul Islam, Justice Zubayer Rahman Chowdhury, Justice Md. Rezaul Hoque, Justice S.M. Imdadul Haque, Justice A.K.M. Asaduzzaman, and Justice Farah Mahbub.
The widely watched appeal was argued for BNP by senior advocates Zainul Abedin and barrister Ruhul Quddus Kajal. Advocate Mohammad Shishir Manir argued for Jamaat-e-Islami.
Senior advocate Sharif Bhuiyan argued on behalf of five prominent citizens.
Attorney General Md. Asaduzzaman argued for the state.
The 13th constitutional amendment, which incorporated the caretaker government system, was adopted by Parliament in 1996. Three lawyers, including advocate M. Salim Ullah, filed a writ petition in the High Court challenging the amendment’s validity.
On May 10, 2011, the Supreme Court’s Appellate Division ruled the 13th amendment unconstitutional and struck it down.
After that ruling, the 15th constitutional amendment, which abolished the caretaker system among other changes, was passed by Parliament on June 30, 2011. The corresponding gazette notification was issued July 3, 2011.
However, BNP, Jamaat-e-Islami, five prominent citizens, and an individual sought review of the ruling that annulled the caretaker system. The Appellate Division granted leave to hear the review on Aug. 27 and set Oct. 21 for the appeal hearing. After 10 days of hearings, the country’s highest court set Thursday as the day for the judgment.
বাংলায় মূল প্রতিবেদন পড়ুন · Read the original Bengali report