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BNP seeks repeal of fifteenth constitutional amendment

The petition to be placed in the HC bench today


FE REPORT | Tuesday, 29 October 2024


The Bangladesh Nationalist Party (BNP) has filed an application with the High Court seeking the repeal of the fifteenth constitutional amendment that terminated the Caretaker Government system.
The party's Secretary-General, Mirza Fakhrul Islam Alamgir, filed the petition on Monday.
The filing lawyer, Farzana Sharmin, said that she filed an 'intervener application' seeking the repeal of the 15th amendment.
The petition will be placed today (Tuesday) in the HC bench of Justice Farah Mahbub and Justice Debasish Roy Chowdhury for admission. The lawyer added that it may be heard jointly during the hearing of another writ petition filed by others.
Meanwhile, an HC bench has fixed October 30 for holding a hearing on the rule questioning the legality of the 15th Amendment issued following a separate writ petition.
Earlier on August 19 of this year, the HC questioned the legality of the fifteenth constitutional amendment that scrapped the Caretaker system from the Constitution.
It issued a rule asking concerned government bodies to explain why the fifteenth amendment should not be declared ultra vires the Constitution.
The court also wanted to know why previous actions and deeds done or taken in any manner in pursuance of the amendment should not be condoned as transactions that are past and closed.
The Law Secretary and the Jatiya Sangsad Secretary have been asked to comply with the rule.
The High Court bench of Justice Naima Haider and  Justice Sashanka Shekhar Sarkar passed the order after hearing a writ petition filed challenging the legality of the fifteenth amendment.
Dr. Badiul Alam Majumder, Dr. Tofail Ahmed, M. Hafizuddin Khan, Md. Jobirul Hoque Bhuiyan, and Zahrah Rahman filed the petition.
Parliament passed the 15th constitutional amendment on June 30, 2011, and the President approved the bill on July 3, 2011.
The then Awami League government scrapped the Caretaker Government system through the amendment and gave constitutional recognition to Sheikh Mujibur Rahman as the father of the nation.
The amendment also increased reserved women seats in Parliament from 45 to 50.
It also restored secularism and freedom of religion and incorporated nationalism, socialism, democracy, and secularism as the fundamental principles of state policy.
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