Jumbangla Desk: The Appellate Division has fixed November 17 for the hearing of the review application of BNP-Jamaat and Sujan to restore the former caretaker government system.
The Appellate Division headed by Chief Justice Syed Refat Ahmed fixed this day on Thursday (October 24) morning.
BNP's lawyers also requested time to postpone the hearing.
On October 16, BNP Secretary General Mirza Fakhrul Islam Alamgir filed a review application against the verdict of canceling the Thirteenth Amendment. Before that, last August, a separate review application was made by the editor Dr. Sujan. Badiul Alam Majumdar. And on Wednesday (October 23), Jamaat applied for review.
On May 10, 2011, the Appellate Division of the Supreme Court annulled the Thirteenth Amendment to the Constitution which introduced the caretaker government system. However, the then Chief Justice ABM Khairul Haque-led court ruled that the next 10th and 11th elections could be held under a caretaker government. The judgment said that in this case, any decision can be taken on the basis of consensus in the parliament in the election of the chief adviser of the caretaker government.
The court in its judgment said that the application was accepted based on the opinion of the majority of the Appellate Division. Through this, the Constitution (Thirteenth Amendment) Act, 1996 was declared invalid and unconstitutional since the directive. However, even if it is not legal (legal due to necessity and the safety of the people is the highest law, the security of the state is the highest law - based on the ancient principles), the cancellation of the 10th and 11th National Parliament elections can be covered by the Thirteenth Amendment.
During this period, the Parliament will also have full freedom to cancel the provision of appointing one of the former Chief Justices of Bangladesh or the judges of the Appellate Division as the head of the non-partisan caretaker government. At the same time, the leave to appeal filed in this regard in 2005 was also dismissed.
The Thirteenth Amendment to the Constitution was adopted by the National Parliament in 1996, incorporating the caretaker government system in the Constitution. Three lawyers, including Advocate M Salim Ullah, filed a writ in the High Court challenging the validity of this amendment.
