Election-time nonparty caretaker government system and the provisions for referendums in the constitution are restored by the apex-court verdict.
The Appellate Division of the Supreme Court has upheld a High Court verdict having scrapped key provisions of the 15th Constitutional Amendment, effectively restoring the two scrapped provisions.
Legal experts and lawyers involved in the case have confirmed that these vital constitutional mechanisms have been reinstated following the apex court's landmark verdict delivered Thursday.
A full and regular bench of the Appellate Division, led by Chief Justice Zubayer Rahman Chowdhury, pronounced the verdict.
The top court had scheduled the judgment on Wednesday after concluding a consecutive three-day hearing on the appeals held on July 6-8.
Bangladesh Nationalist Party (BNP) Secretary-General Mirza Fakhrul Islam Alamgir had successfully petitioned to become a party to the appeals. Attorney-General Md Ruhul Quddus Kazal, Senior Advocate Sharif Bhuiyan and Advocate Mohammad Shishir Manir participated in the high-profile court arguments.
Immediately after the verdict, Attorney-General Ruhul Quddus told reporters the Appellate Division dismissed the appeals filed against the High Court's verdict.
"As a result, the High Court's verdict was upheld. When the writ was filed challenging the Fifteenth Amendment, the High Court made observations on four issues. One of these is the return of the non-party caretaker government system to the constitution, the return of referendums, and the verdict to repeal 7A and 7B in the constitution was upheld. Ultimately, the High Court's verdict was upheld."
The Appellate Division had previously granted leave to appeal against the High Court's judgment on November 13, paving the way for the formal hearings.
Three separate appeals were filed challenging the High Court's verdict. One was moved by four individuals, including Badiul Alam Majumdar, secretary of Shushashoner Jonno Nagorik (SHUJAN). The second appeal was filed by Mofazzal Hossain, a resident of Naogaon, while the third was submitted by Jamaat-e-Islami secretary-general Mia Golam Porwar.
During the proceedings, Senior Advocate Sharif Bhuiyan, accompanied by Advocate Karishma Jahan, argued on behalf of the SHUJAN secretary and the other three co-appellants. The state was represented by Attorney-General Barrister Ruhul Quddus Kazal and Additional Attorney-General Barrister Aneek R Haque. Senior Advocate Mohammad Shishir Manir appeared for the Jamaat secretary-general, while Advocate A S M Shahriar Kabir represented the other appellant.
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