Dhaka, Oct 23 (V7N) – Chief Justice Syed Refaat Ahmed has raised concerns over whether reinstating the caretaker government system through a Supreme Court ruling could undermine parliamentary authority.

The remarks came on Wednesday during the second day of hearings at the Appellate Division, led by a seven-member bench headed by the Chief Justice. The hearing is scheduled to continue on Thursday.

The case was filed by Dr. Badiul Alam Majumdar, represented by lawyer Dr. Sharif Bhuiya, seeking the reinstatement of the caretaker government system and its implementation for the upcoming 13th national election. Dr. Bhuiya informed the court that, from the High Court to the Appellate Division, 12 judges have reviewed the case. Eight judges supported reinstatement, while four, including former Chief Justice A.B.M. Khairul Haque, opposed it.

During the hearing, senior Appellate Division Justice Zubayer Rahman Chowdhury questioned whether reinstating the caretaker system would be appropriate in the current context. Dr. Bhuiya responded that the Appellate Division could provide guidelines regarding the caretaker government, if necessary. Chief Justice Syed Refaat Ahmed emphasized that no other appeals would be heard until the caretaker government case concludes.

After the hearing, Dr. Bhuiya told reporters that the discussion clarified that reinstating the caretaker system would not affect the current interim government. He explained that the present government was not formed under any specific constitutional provision but emerged to fill the post-revolutionary vacuum and fulfill the nation’s governance needs. Its mandate includes managing the country, implementing reforms, and transferring power to an elected government after elections. The current interim government will continue to function until the election is held and will then hand over power accordingly.

Dr. Bhuiya also highlighted that forming a caretaker government before the upcoming February election is neither necessary nor feasible. According to the 13th constitutional amendment, a caretaker government can only be formed within 15 days after Parliament is dissolved, under Article 58C and its subsections. Since Parliament was dissolved over a year ago, forming a caretaker government now is legally impossible. Consequently, even if the Supreme Court rules in favor of reinstatement, the current interim government will oversee the forthcoming elections.

END/KMD/AJ/