The High Court has declared the Fifteenth Amendment to the Constitution, which abolished the caretaker government system, invalid.
A bench consisting of Justice Farah Mahbub and Justice Debasish Roy Chowdhury delivered the verdict at 10:52 AM on Tuesday. In its ruling, the court stated that the Fifteenth Amendment undermined the Constitution's fundamental structure, particularly disrupting the integrity of the country's electoral system.
The decision follows a 23-day hearing that concluded with the bench setting Tuesday as the judgment day, after the High Court issued a rule on December 5 regarding the matter. The case was argued by Attorney General Asaduzzaman and Deputy Attorney General Asad Uddin for the state. Senior lawyer Sharif Bhuiyan represented petitioner Sujan leader Badiul Alam, while prominent lawyers including Zainul Abedin, Barrister Badruddoza Badal, Barrister Ruhul Quddus Kajol, and Advocate Farzana Sharmin Putul appeared on behalf of the BNP. Advocate Mohammad Shishir Monir and Barrister Ehsan Siddiqui represented Jamaat, and Barrister Hamidul Misbah acted as an intervener.
The Fifteenth Amendment, passed by the National Parliament on June 30, 2011, not only recognized Sheikh Mujibur Rahman as the Father of the Nation but also abolished the caretaker government system. The amendment also increased the number of seats reserved for women in Parliament from 45 to 50.
Earlier, on August 19, the High Court had issued a ruling questioning the validity of the Fifteenth Amendment, particularly the removal of the caretaker government system. This followed a writ petition filed by Sujan’s secretary, Badiul Alam Majumdar.
The ruling has been met with approval from opposition leaders, including Mirza Fakhrul Islam Alamgir of the BNP and Mia Golam Parwar of Bangladesh Jamaat-e-Islami, both of whom endorsed the court’s decision on the amendment’s validity. Insaniyat Biplob, Gana Forum, and four other petitioners were intervenors in the case.
Bd-pratidin English/ Jisan
