Eminent jurist Mahmudul Islam on Thursday told the Supreme Court that martial law will be imposed in the country due to the existing situation and mentality of the politicians if the caretaker government system is cancelled.
The caretaker government system has been introduced for the interest of democracy and holding free and fare election, he said.
He was placing submission as amicus curiae (friend of court) during hearing an appeal filed against a High Court verdict that declared valid the 13th amendment to the constitution allowing elections under the caretaker government.
A seven-member bench of the Appellate Division headed by Chief Justice ABM Khairul Haque held the hearing on the appeal for 7th day.
The hearing will resume on April 3.
Mahmudul Islam said the republican character of the state has not been damaged due to the 13th amendment to the constitution.
Elected representatives do not run the country during the regime of caretaker government for the interest of democracy and free and fair election, he said.
If the election is not held in a free and fair manner, the democracy is meaningless, he added.
The senior counsel also said the caretaker government system has been introduced due to the weakness of democracy.
Another senior counsel Barrister M Amir-Ul Islam told the apex court the 13th amendment to the constitution is not against the basic structure of constitution.
The 13th amendment to the constitution, through which the caretaker government system has been introduced, was for holding the free and fair election.
This amendment is not against the republican and democratic character of the state, he said.
Barrister Amir-Ul Islam also said the parliament can take an alternative step in order to keep the judiciary above the dispute during the regime of caretaker government.
The Supreme Court on March 2 began hearing on the appeal against the High Court verdict declaring the 13th amendment to the constitution valid, which allowed general election under a caretaker government.
Courtesy of The Daily Star
