Zakir Hossain from Dhaka
Bangladesh Jamaat-e-Islami’s counsel Advocate Mohammad Shishir Manir has said it will not be possible to hold the upcoming 13th National Parliamentary Election under a caretaker government—even if the Supreme Court reinstates the system.
Speaking to reporters at the Supreme Court Annexe Building on Tuesday, Shishir said, “According to the Constitution, a caretaker government must be formed within 15 days after the dissolution of Parliament. But Parliament was dissolved more than a year ago. Therefore, even if the court restores the caretaker system, it cannot be applied to the upcoming election as the constitutional context no longer exists.”
He noted that an interim government is now running the country with a three-point mandate—reform, justice, and conducting a free and fair election. “The election will be held under this interim government. Before the polls, the cabinet will be downsized, and the election will be conducted under that smaller cabinet,” he added.
Shishir observed that even if reinstated, the caretaker system would have no “effective role” in the next polls. He, however, described it as “a unique feature in Bangladesh’s political history,” adding, “There was once a national consensus over this system, and that consensus still exists. Jamaat considered it relevant 36 years ago, and after all these years, it has again proven to be most suitable for Bangladesh’s democracy.”
A seven-member Appellate Division bench led by Chief Justice Syed Refaat Ahmed heard the review petition. Hearings on the appeals seeking restoration of the caretaker government system were earlier held on October 21.
The caretaker provision was introduced through the 13th Amendment in 1996 and annulled by the Supreme Court in 2011. Following that, Parliament passed the 15th Amendment abolishing the system. After the change of government last year, five individuals, including SUJAN Secretary Dr Badiul Alam Majumdar, and later BNP and Jamaat leaders, filed review petitions seeking restoration of the system.