The Appellate Division of the Supreme Court has upheld the High Court's verdict on the 15th Constitutional Amendment, officially restoring the caretaker government system and the provision for referendums.
A four-member Appellate Division bench, led by Chief Justice Zubayer Rahman Chowdhury, delivered the historic verdict at 9:30am on Thursday (July 9).
On June 30, 2011, the 15th Amendment was passed in the Jatiya Sangsad. Along with abolishing the non-partisan caretaker government system, the amendment introduced additions, refinements, and replacements in 54 areas of the Constitution. Following a shift in the political landscape, the High Court disposed of a writ petition filed by several individuals, including Badiul Alam Majumdar, secretary of Shushashoner Jonno Nagorik (Shujon), and declared parts of the 15th Amendment invalid on December 17, 2024.
On December 17, 2024, a High Court bench comprising Justice Farah Mahbub and Justice Debasish Roy Chowdhury issued a ruling declaring the 15th Amendment to the Constitution partially invalid.
That ruling paved the way for the return of the caretaker government system.
However, dissatisfied with that, the writ petitioners appealed against the High Court's verdict, demanding the cancellation of the entire 15th Amendment. Besides, Jamaat-e-Islami, Human Rights Support Society, and freedom fighter Mofazzal Hossain became parties to the case and filed separate appeals. The hearing of the case began last Monday in the appellate bench headed by the Chief Justice. Over the course of the 3-day hearing, the respective parties presented their opinions.
During the appeal, the writ petitioner's lawyer Sharif Bhuiyan moved slightly away from his initial stance of demanding the complete repeal of the 15th Amendment. He prayed to declare the remaining parts of the amendment unconstitutional while keeping the Supreme Judicial Council and the amendment to Article 102 under legal protection.
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