SC begins hearing appeal on caretaker govt system

The Appellate Division of the Supreme Court today commenced hearings on appeals challenging its 2011 verdict that scrapped the non-party caretaker government (CG) system from Bangladesh's Constitution, reports BSS.

A full bench led by Chief Justice Syed Refaat Ahmed began proceedings. Advocate Sharif Bhuiyan presented the opening arguments on behalf of five eminent citizens, including SUJAN Secretary Badiul Alam Majumdar.

BNP Secretary General Mirza Fakhrul Islam Alamgir was represented by senior advocates Zainul Abedin and Barrister Ruhul Quddus Kazal. Advocate Mohammad Shishir Manir appeared for Bangladesh Jamaat-e-Islami, while Attorney General Md Asaduzzaman represented the state. Advocate ASM Shahriar Kabir also participated in the hearing, representing a separate petitioner.

On August 27, 2025, the court granted leave to appeal the 2011 judgment that had declared the 13th Amendment—introducing the caretaker system—unconstitutional. Today’s hearing follows that order, with the court consolidating four related pleas into a single proceeding.

The appeals were filed by BNP’s Mirza Fakhrul, Jamaat-e-Islami Secretary General Mia Golam Parwar, a group of five citizens, and an individual petitioner, all seeking restoration of the caretaker government provision.

This follows a December 17, 2024, High Court ruling which found the removal of the caretaker system to be illegal. After that decision, Attorney General Md Asaduzzaman stated the caretaker government system now stands reinstated as part of the Constitution.