Law and Court

Attorney General Md Asaduzzaman has hailed the Supreme Court’s historic verdict reinstating the non-party caretaker government system, describing it as the beginning of a “journey on the democratic highway” for Bangladesh.

Speaking to journalists at the Supreme Court premises following the judgment, the Attorney General said the verdict ensures that citizens will be able to cast their votes freely in upcoming elections.

“From now on, people will cast their votes without obstruction. There will be no incidents of ballot stuffing prior to elections, and no deceased individuals will appear at polling centres to vote. We believe the nation is now moving toward a genuine democratic pathway,” he said.

During the hearing, Asaduzzaman, representing the government, alleged that former Chief Justice ABM Khairul Haque and his colleagues had committed offences under Section 219 of the Penal Code in issuing the previous judgment that abolished the caretaker government system. “The court has now corrected that error,” he added, noting that the verdict reflects the aspirations of the people for free, fair, and transparent elections.

The Supreme Court’s Appellate Division reinstated the caretaker government system following consideration of several civil appeals. The restored provision will apply to future national elections.

The caretaker government system, introduced through the 13th Amendment to the Constitution in 1996, had been abolished in 2011 by an earlier Appellate Division judgment. On 27 August 2025, the Appellate Division granted leave to appeal against that 2011 judgment, leading to the present reinstatement.

The verdict followed hearings on multiple review petitions seeking restoration of the 13th Amendment and revival of the caretaker government system. Four petitions were filed, including those by BNP Secretary General Mirza Fakhrul Islam Alamgir; Jamaat Secretary General Mia Golam Parwar; five prominent citizens, including SUJAN Secretary Dr. Badiul Alam Majumdar; and another individual petitioner. All petitions were consolidated and heard together.

Earlier, on 17 December 2024, the High Court had declared the abolition of the caretaker government system unconstitutional, setting the stage for the Supreme Court’s final ruling.

The reinstatement of the caretaker government system is expected to play a critical role in overseeing future elections and maintaining electoral transparency, ensuring that citizens’ voting rights are safeguarded and that the electoral process is conducted without undue influence or irregularities.