SC declares CG system void

The Supreme Court has repealed the 13th Amendment to the constitution that introduced the caretaker government but said the next two general elections could be held under unelected rulers, report agencies. The court apparently took a subtle course to keep the judiciary above controversy. It suggested for excluding the former chief justice and judges of the Appellate Division from the caretaker government. The majority decision of a seven-member bench of the Appellate Division, headed by chief justice A B M Khairul Haque, was delivered on Tuesday, upon a petition against the High Court judgment that rejected an appeal challenging the 13th amendment. The Supreme Court order says: "The Constitution (Thirteenth Amendment) Act 1996 (Act 1 of 1996) is prospectively declared void and ultra vires of the Constitution." In the brief order, the apex court said: "It is hereby declared: (1) The appeal is allowed by majority without any order as to costs. (2) The Constitution (Thirteenth Amendment) Act. 1996(Act 1 of 1996) is prospectively declared void and ultra vires of the Constitution. (3) "The election to the Tenth and the Eleventh Parliament may be held under the provisions of the above mentioned Thirteenth Amendment on the age old principles, namely that which otherwise is not lawful, necessity makes lawful). "Parliament, however, in the meantime, is at liberty to bring necessary amendments excluding, the provisions of making the former chief justices of Bangladesh or the judges of the Appellate Division as the head of the Non-party Caretaker Government. "The Judgment in details would follow."