Photo: Collected
The Appellate Division has deferred the scheduled hearing of a review petition filed challenging the cancellation of the 13th Amendment to the Constitution, which introduced the caretaker government system, to February 9 next. A six-member bench of the court, led by Senior Justice Md Ashfaqul Islam, set the date on Sunday after accepting a petition filed by BNP seeking time.
Senior lawyer advocate Zainul Abedin and Ruhul Quddus Kazal stood for the BNP in the court.
Earlier, on December 1 last year, a six-member bench, led by Chief Justice Dr Syed Reefat Ahmed, set January 19 for hearing the petitions.
On October 16 last, BNP Secretary General Mirza Fakhrul Islam filed a review petition against the annulment of the caretaker government system (13th Amendment) before the Appellate Division.
Earlier, another review petition was submitted to the apex court by the general secretary of Sushashoner Jonno Nagorik (Sujon) Dr Badiul Alam Majumdar.
Bangladesh Jamaat-e-Islami Secretary General Prof Miah Golam Parwar filed a petition regarding the same issue.
The court later decided to hear all the petitions.
The 13th Amendment to the constitution incorporating the caretaker government system was adopted by the parliament in 1996.
Three lawyers led by M Salim Ullah filed a writ with the High Court challenging the legality of the amendment.
The Appellate Division on May 10, 2011 delivered a judgment scrapping the 13th Amendment to the Constitution.
After the judgment, the Jatiya Sangsad on June 30, 2011 passed the 15th amendment upholding the annulment of the caretaker system with some ratification.
A gazette notification was also published in this regard on July 3 in that year.
Besides, a high court division bench comprising Justice Farah Mahbub and Justice Debashish Ray Chowdhury on December 17 gave a judgment scrapping the 15th amendment mentioning that the Sections 20 and 21 of the 15th amendment are contrary to the constitution.
Messenger/JRTarek
