A petition will be filed with the Appellate Division of the Supreme Court soon seeking a review of its 2011 verdict that scrapped the non-party caretaker government system.
Advocate Sharif Bhuiyan will submit the review petition on behalf of five citizens, including Badiul Alam Majumdar, secretary of rights organisation Shushashoner Jonno Nagorik (Shujan).
The petition will mention around 14 grounds, on which the apex court may consider reviewing the judgement.
According to lawyer Sharif Bhuiyan, they prepared the review petition, including 14 grounds, against the Appellate Division verdict revoking the constitution's 13th amendment which introduced the non-party caretaker government system in Bangladesh.
The review petition will be filed to the section concerned of the Appellate Division tomorrow (Aug 27) to get a date for hearing, he hoped.
They request the chamber judge to move the petition before a full bench of this court after its reopening following the upcoming annual vacation, Sharif said.
The Appellate Division verdict that had cancelled the 13th amendment of the constitution was "self-contradictory" as the court in its short verdict said that the next two national elections (10th and 11th parliamentary elections) could be held under the caretaker government, but this directive was not mentioned in the full judgement, the lawyer said.
Replying to a question, Sharif said if the Appellate Division allows the review petition, the caretaker government system will be restored in the country for holding the national election.
On Sunday, Chamber Judge of the Appellate Division Justice Md Ashfaqul Islam allowed the five citizens to file the petition with the court to seek review of its 2011 judgement.
The apex court chamber judge passed the order following an application filed by the five seeking permission to move the review petition.
The other four citizens are Tofail Ahmed, M Hafizuddin Khan, Md Jobirul Hoque Bhuiyan and Zahrah Rahman.
A seven-judge full bench of the Appellate Division headed by the then Chief Justice ABM Khairul Haque by a majority view on May 10, 2011, declared the 13th Amendment to the constitution (caretaker government) null and void.
BDST: 1323 HRS, AUG 26, 2023
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