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Published : 05 Nov 2025, 08:03 PM
The Bangladesh Nationalist Party has pleaded with the Supreme Court to revive the caretaker government system, saying the approaching general election must be overseen by the existing interim administration.
The party concluded its appeal hearing on Wednesday against the verdict that nullified the 13th Amendment to the Constitution, which had established the caretaker government system.
The eighth day of the hearing took place before a full bench of seven judges led by Chief Justice Syed Refaat Ahmed.
Senior lawyer Ruhul Quddus Kazal represented the BNP during the hearing. After the party’s arguments, the court heard the state’s case.
Speaking at a briefing after the hearing, Kazal said: “I told the court that the ownership of the state lies with its citizens through voting. One justice reminded me ‘Those who vote pay taxes. This state is run with taxpayers’ money. Yet they hold no ownership in the state’.
“I told the court that the only way to prove this ownership is to elect leaders through votes.”
He added, “Our fundamental demand is a free and fair election. The non-partisan caretaker system is a fundamental structure of our Constitution, designed to preserve democracy. This basic structure was embedded in the Constitution.
“Therefore, as Justice ABM Khairul Haque’s ruling was against this basic structure, I urged the court to reconsider it and reinstate the non-partisan caretaker government system in the Constitution.”
The lawyer clarified that the BNP had told the court that the next parliamentary polls should be conducted under the interim government.
He said, “As per precedent, any law or verdict in Bangladesh takes effect from a future date. I told the court that whatever verdict is delivered should apply to the next election.
“I do not think the election, scheduled for February, will be held under the caretaker system. I have asked the court to ensure that any ruling only takes effect for the election after this one.”
Challenging Justice Khairul’s verdict as “inconsistent and contradictory”, Kazal said: “I asked the court to annul his decision completely. If the court accepts this appeal and our arguments, the previous verdict scrapping the caretaker system will be cancelled, and the caretaker government system will be restored in our constitution under Article 105, the Supreme Court Appellate Division Rules 1988, and the Code of Civil Procedure.”
