The much-talked-about copy of the verdict regarding the 13th Amendment to the Constitution, that had earlier instituted the caretaker government system, was yet to be released to the public, though more than a year has passed since the verdict was delivered.
According to sources, then Chief Justice ABM Khairul Haque had submitted the full written copy of the verdict on March 29, 2011 before the Supreme Court, but it was yet to be released as three other judges had written their dissenting opinions on the verdict.
The three judges of the Appellate Division of the Supreme Court started writing their split order over the caretaker issue in April, added the sources.
The three judges who had dissenting opinion, had finished writing their verdict. Justice Khairul Haque had written the full verdict in Bengali, but the two Appellate Division judges had written their judgment in English, sources confirmed.
Justice Haque had written the full judgment in Bengali so that people could understand it, the sources added.
After publication of the copy of the verdict, people would come to know about the separate observations of the apex court judges over the caretaker issue.
On May 10, 2011, a seven-member bench of the Appellate Division, headed by then Chief Justice ABM Khairul Haque, present Chief Justice Md Muzammel Hossain, Justice SK Sinha, Justice MA Wahhab Miah, Justice Nazmun Ara Sultana, Justice Syed Mahmud Hossain and Justice M Imman Ali nullified the 13th Amendment to the Constitution.
But still the Appellate Division bench had observed that the next two parliamentary elections might be held under a caretaker government in accordance with the 13th Amendment.
The apex court also observed that Parliament could amend relevant laws to preclude involvement of the Chief Justice or any other judge of the Appellate Division in a caretaker government.
The verdict had been declared on the basis of a majority. There was consensus among four members of the Appellate Division on the written opinion submitted by Chief Justice ABM Khairul Haque, but the other three members did not agree with the verdict, the sources explained.
While Justice MA Wahhab Miah had written his verdict favouring the caretaker government system, Justice M Imman Ali left the matter to be decided by Parliament. Another judge agreed with Justice Haque’s verdict, sources added.
The provision to hold the next two general elections under a caretaker government had been upheld in the complete verdict, as was declared in the brief order of the apex court, said sources close to the former Chief Justice.
A senior official told The Independent that the full verdict ran to over 300 pages. He, however, declined to reveal the contents.
The registrar of the Supreme Court, AKM Shamsul Islam, told The Independent that he did not know anything about the copy of the verdict over the caretaker government system case.
On June 30, 2011, Parliament abolished the caretaker government system, paving the way for general elections to be held under elected political governments.
The Opposition, however, described the move as “throwing the country into a political confrontation.” Since then, the BNP-led four-party alliance has been conducting road marches and other actions across the country to drum up public support for restoring the caretaker government system.
Opposition leader Khaleda Zia maintained that the next general election cannot be allowed to be held with the Awami League in power. On March 12, Khaleda Zia had issued a three-month ultimatum to Sheikh Hasina’s administration for restoring the caretaker government system.
The caretaker government system was incorporated in the Constitution through the 13th Amendment to end a grave political crisis. On March 28, 1996, the President of Bangladesh gave his consent to the matter.
Three SC lawyers, M Salimullah, Abdul Mannan Khan and Ruhul Quddus Babu (now an HC judge) filed a writ petition on January 25, 2000, contending that the caretaker government system was in violation of the Preamble and Article 59 of the Constitution.
-With The Independent input
