Caretaker govt comeback? Nation holds its breath as SC to deliver verdict today

Bangla Press Desk:   Bangladesh awaits a decisive moment today as the Supreme Court is set to deliver its long-anticipated verdict on whether the polls-time caretaker government system – abolished more than a decade ago – will be restored, a ruling many see as pivotal to resetting the nation’s democratic trajectory.

A seven-member full bench of the Appellate Division, headed by Chief Justice Dr Syed Refaat Ahmed, set the date on 11 November after 10 days of exhaustive hearings on review petitions filed by the BNP, Bangladesh Jamaat-e-Islami and several others, including five eminent citizens.

The petitions challenge the Supreme Court’s 2011 judgement that struck down the 13th Amendment and paved the way for the then-Awami League government to remove the caretaker provision from the Constitution.

Lawyers involved in the case have voiced expectations of a “permanent and effective” resolution, one that reinstates a neutral election-time government.

The state has also argued for the system’s return, while the Appellate Division has signalled its preference for a durable settlement rather than a stopgap fix.

During a hearing, Chief Justice Refaat noted that the court was “reluctant to reinstate the caretaker system as a temporary arrangement”, stressing the need to prevent repeated disruption.

Speculation, however, has intensified over what today’s verdict might mean in practice.

The July National Charter 2025 calls for the system’s revival and provides a detailed roadmap, prompting questions about whether the court’s ruling could align with – or contradict – that framework.

A previous High Court verdict that struck down parts of the 15th amendment had already reopened the door to revisiting the caretaker issue; today’s judgment on the 13th amendment review is expected to clarify if, when and how the system might be reinstated.

BNP was represented by Advocate Zaiunul Abedin, Barrister Ruhul Quddus Kazal and others, while Advocate Mohammad Shishir Manir appeared for Jamaat-e-Islami, Advocate Sharif Bhuiyan for five noted citizens and Advocate Shahriar Kabir for another petitioner. Barrister Ehsan Abdullah Siddiq joined as an intervener.

Lawyers said there is virtually no scope for implementing the caretaker arrangement before the next election. They noted that the 14th parliamentary polls – and those thereafter – could potentially be held under a restored system.

Speaking to the Daily Sun on Wednesday, Barrister Siddiq said hints from both the petitioners’ lawyers and the Attorney General suggest that even if the verdict favours restoration, it will “not affect the interim government or the upcoming polls”.

Advocate Sharif Bhuiyan added that even with reinstatement, the system cannot apply to the 13th parliamentary election because a caretaker administration must be formed within 15 days of Parliament’s dissolution.

“It has already been more than a year since the 12th Parliament was dissolved,” he said. He stressed that the Supreme Court must provide a clear interpretation to avoid confusion, unrest and uncertainty.

“The other issues which could have arisen should be settled in the verdict,” he added.

The Appellate Division granted leave to appeal on 27 August after hearing several review petitions challenging the verdict that scrapped the 13th Amendment. Hearings on the appeal began on 21 October.

On 10 May 2011, the Supreme Court declared the 13th Amendment unconstitutional. Its short order, delivered by a bench led by then Chief Justice ABM Khairul Haque, allowed the next two general elections to be held under caretaker administrations. But Khairul’s final written verdict – issued 16 months after his retirement – removed that provision, a change that later facilitated one-sided elections and democratic backsliding under the Awami League.

On 24 July 2025, Khairul was arrested in a murder case and later shown arrested in several other cases, including one involving alleged forgery in the verdict – an offence punishable under Section 219 of the Penal Code, according to Attorney General Md Asaduzzaman.

The caretaker government system, introduced through the 13th Amendment in 1996, had been challenged in 1998. Although the High Court upheld its legality in 2004, an appeal filed in 2005 ultimately led to its abolition.

Following the fall of the Awami League government on 5 August 2024, five eminent citizens, including SUJAN secretary Badiul Alam Majumder and local government expert Tofail Ahmed, filed the first review petition. BNP, Jamaat-e-Islami and freedom fighter Mofazzal Islam of Naogaon later filed separate petitions.

BP/SP