Attorney General Md Asaduzzaman has said it has now become clearly evident from the court’s observations that the verdict scrapping the 13th Amendment—which introduced the non-party caretaker government for election-time—was flawed.
He made the remarks while briefing reporters at his office on Thursday (20 November), after the Appellate Division of the Supreme Court declared the verdict cancelling the 13th Amendment illegal and ordered the restoration of the caretaker government system.
The 13th Amendment, which incorporated the caretaker government provisions into the Constitution, was annulled more than a decade ago during the Awami League government through the 15th Amendment.
The Attorney General said the latest verdict has revived and automatically reactivated the caretaker government system in the Constitution. However, it will take effect from the 14th national election, he added.
Earlier in the day, a full and regular seven-member bench of the Appellate Division led by Chief Justice Dr Syed Refaat Ahmed unanimously declared illegal the previous verdict that had struck down the 13th Amendment. The other six members of the bench are Justice Md Ashfaqul Islam, Justice Jubayer Rahman Chowdhury, Justice Md Rezaul Haque, Justice SM Emdadul Haque, Justice AKM Asaduzzaman, and Justice Farah Mahbub.
Following the verdict, the Attorney General told reporters that although the caretaker government system has automatically returned to the Constitution, the upcoming 13th national election will be held under an interim government. The caretaker system will come into effect from the 14th national parliamentary election, as stated in the judgment.
Asked whether the Appellate Division can term a previous Appellate Division verdict flawed, the Attorney General said, “Yes, it can. However, the court’s explanation will be clear once the full text of the verdict is published.”
On the possibility of filing another review petition against this verdict, he said, “Once a review is disposed of, there is no scope for filing another review on the same matter.”