CG system contrary to Constitution: QC Ajmal

Senior Advocate Ajmalul Hossain QC termed the caretaker government (CG) system illegal, as it is contrary to the Constitution, reports BSS. Taking part in the hearing on the appeal petition challenging the 13th amendment to the constitution as one of the amici curiae, Hossain said the caretaker government system is not constitutionally legal and acceptable as democracy is the fundamental structure of the State. He said that only Parliament holds the authority to take decision about the caretaker government system, so remedy could not be sought before the court, but it (court) could give observations on the issue. Mr Hossain said that the non-elected persons run the caretaker government, but the main feature of the constitution is democracy, where only the elected representatives of the people can run the country. Barrister Rokanuddin Mahmud, another amicus curiae, on his second day's submission opined that the caretaker government system was introduced on the basis of a unanimous decision of the political parties, so no scope is there to call it unconstitutional. A larger bench of the High Court Division on August 4, 2004, after rule hearing of a writ petition brought by Advocate Salimullah and others declared the 13th amendment, which was incorporated in 1996, as not ultra virus to the constitution. Later, an appeal was preferred before the Appellate Division of the Supreme Court challenging the High Court verdict and the hearing was started on March 1. The Appellate Division appointed nine senior lawyers as amicus curiae for their opinions on the matter. Dr Kamal Hossain, TH Khan, Rafiq-ul-Haque, Dr M Zahir, Amir-ul-Islam and Mahmudul Islam, among others, submitted their opinions before.