10 arguments have been presented in the judgment review (reconsideration) application for annulment of the Thirteenth Amendment of the Constitution related to the abolition of the caretaker government system.
The 807-page review petition will be presented to the Appellate Division of the Supreme Court on Sunday. Zainul Abedin, senior advocate of the Supreme Court and president of Nationalist Lawyers Forum, gave the information on Thursday (October 17).
Senior lawyer Zainul Abedin briefed the journalists on behalf of BNP Secretary General Mirza Fakhrul Islam Alamgir, who was the advocate of the case at Supreme Court Bar Association's Shaheed Shafiur Rahman Auditorium.
At that time, the Secretary General of the Nationalist Lawyers Forum, Barrister Kaiser Kamal, the Senior Vice-President of the Forum and the President of the Supreme Court Bar Association, Senior Advocate Barrister AM Mahbub Uddin Khokon, the Joint Secretary General of the Forum and the former Secretary of the Supreme Court Bar, Senior Advocate Barrister Md. Ruhul Quddus Kajal, the Supreme Court Advocate Mohammad Shishir Monir, Vice President of Nationalist Lawyers Forum Golam Mohammad Chowdhury Alal, Advocate Tauhidur Rahman were present.
Advocate Zainul Abedin said, BNP Secretary General Mirza Fakhrul Islam Alamgir has applied for review (reconsideration) of the decision to cancel the Thirteenth Amendment of the Constitution related to the abolition of caretaker government system.
Advocate Zainul Abedin said ten arguments have been presented in the 41-page review application. Arguments include - omitting the summary order publicly announced by the court from the full judgment after the amendment of the constitution and issuing the judgment 18 months after the retirement of the then Chief Justice ABM Khairul Haque was a judicial travesty. A criminal case is also pending in the matter, the argument said.
Democracy and free and fair elections are like twins without one meaning the other. Fair elections are the only acceptable vehicle for establishing democracy. It is argued that the verdict to abolish the caretaker government destroyed the basic pillars of the Constitution and established a dictatorship.
The argument also states that the Constitution is a living political document. It is not effective if it does not meet the need of time. The duty of the Supreme Court is to interpret the Constitution contextually and not mechanically. Therefore, it is necessary to review this judgment to ensure a free, fair and participatory election environment in the circumstances.
Arguably, the caretaker government was established on the basis of national consensus. Consequently the Thirteenth Amendment acquired corresponding fundamental status. The Supreme Court cannot declare this fundamental pillar unconstitutional.
On May 10, 2011, the Appellate Division of the Supreme Court declared the Thirteenth Amendment to the Constitution, which introduced caretaker government, invalid. The application has been made seeking review of this judgment.
Advocate Zainul Abedin said that the 2014, 2018 and 2024 parliamentary elections were held under the party government with unprecedented rigging after the abolition of the caretaker government system. As a result, democracy has fallen on its face. Dictatorship is established. Fascism rests on the shoulders of the nation.
Advocate Zainul Abedin said that the fascist government fell on August 5 in the uprising of the students. The former prime minister was forced to resign and flee the country. An interim government was formed based on the opinion of the Supreme Court. People are freed. Second freedom is achieved.
He said that the Jatiya Sangsad(JS) elections in 1991, 1996, 2001 and 2008 were held under the caretaker government. Democracy was institutionalized. Awami League formed the government with a two-thirds majority in the national elections held on December 29, 2008. The then Awami government amended the decision to cancel the Thirteenth Amendment of the Constitution regarding the caretaker government system before the full verdict was published. The electoral caretaker government system was abolished in Parliament.
Later the full judgment was published. The verdict announced in court was different from the verdict published. Advocate Zainul Abedin thinks that this is nothing but judicial fraud.
Barrister Kaiser Kamal said, 95% of the people of the country think that the elections will be free, fair and impartial through the caretaker government system. Mother, Soil and Men’s party BNP has taken initiative to fulfill this expectation of the people.