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The Appellate Division of the Supreme Court on Thursday upheld the High Court verdict declaring the Constitution’s 15th Amendment invalid, effectively restoring the caretaker government system and the provision for referendums.
The verdict was delivered by a bench led by the Chief Justice.
Senior lawyer Sharif Bhuiyan represented petitioner Dr. Badiul Alam Majumdar, while senior lawyer Mohammad Shishir Monir appeared for Bangladesh Jamaat-e-Islami. Barrister ASM Shahriar Kabir represented freedom fighter Mofazzel Hossain. Attorney General Md Ruhul Quddus Kajal appeared for the state.
Following the ruling, the Attorney General said the appeals against the High Court verdict had been dismissed, meaning the HC judgment remains in force.
As a result, the non-party caretaker government system, the referendum provision, Articles 7A and 7B, and the constitutional power to file writ petitions have been restored.
The Appellate Division had granted leave to appeal against the High Court verdict on November 13, after which hearings began.
The 15th Amendment, passed by Parliament on June 30, 2011 and assented to by the President on July 3, 2011, abolished the caretaker government system and granted constitutional recognition to Sheikh Mujibur Rahman as the Father of the Nation.
