[ALOCHONA] CG system illegal: SC

CG system illegal: SC  

The Supreme Court on Tuesday declared illegal the constitutional provision for the caretaker government system.It however said that the tenth and eleventh parliamentary elections may be held under the caretaker government in order to avoid any chaos.

he court observed that the parliament can take steps to amend the law under which the chief justice or any other judges of the Appellate Division are not involved in the government.

The seven-member bench of the Appellate Division headed by Chief Justice ABM Khairul Haque passed the judgement after granting an appeal against the High Court judgment that declared valid the thirteenth amendment to the constitution for parliamentary elections under a caretaker government.

The Appellate Division in the order said the thirteenth amendment through the Constitution Amendment Act 1996 is prospectively declared void and ultra-vires.

The apex court said the election of the tenth and eleventh parliament may be held under the provision of the thirteenth amendment to the constitution.

Meanwhile, the parliament may amend the constitution excluding the provision of making the former chief justice of Bangladesh and judges of the Appellate Division as the head of the non-party caretaker government, the order said. Earlier, this court heard opinions and arguments from eight amici curiae (friends of court) and the counsels for both sides of the appeal for 10 days.

On January 25, 2000, M Salimullah, the then general secretary of Association for Democratic and Constitutional Advancement of Bangladesh (ADCAB), had filed the writ petition as public interest litigation challenging the amendment.

Following the writ petition, the HC on August 4, 2004 had declared 13th amendment to the constitution legal, and observed that the change did not distort the basic structure of the charter.Abdul Mannan Khan, acting general secretary of ADCAB, filed the appeal with the SC against the HC verdict after Salimullah's death.
http://www.thedailystar.net/newDesign/latest_news.php?nid=29739

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