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The High Court today allowed BNP Secretary General Mirza Fakhrul Islam Alamgir to place arguments through his lawyers on the rule that questioned the constitutionality of the 15th amendment that scrapped the non-partisan caretaker government system.
The HC bench of Justice Farah Mahbub and Justice Debasish Roy Chowdhury granted a petition filed by Mirza Fakhrul Islam Alamgir to become a party in this case.
Senior lawyer Advocate Zainul Abedin moved the petition before the bench, saying that his client wants to place arguments on this issue.
The bench is scheduled to hold a hearing on the rule tomorrow that questioned the constitutionality of the 15th amendment of the constitution.
The 15th amendment bill was passed by the Jatiya Sangsad on June 30, 2011, and signed into law on July 3 the same year. It abolished the caretaker government system introduced by the 13th amendment in 1996. The law also recognised Sheikh Mujibur Rahman as Father of the Nation and increased the number of reserved seats for women in parliament from 45 to 50.
Following the amendment to the constitution, three general elections were held on January 5, 2014, December 30, 2018 and January 7 this year with Awami League President Sheikh Hasina in the prime minister’s office. The scrapping of the 13th amendment created huge controversy and sparked outrage among opposition political parties.
Another HC bench led by Justice Naima Haider, who is now on leave, on August 19 this year issued a rule asking the respondents to show causes as to why the Constitution (Fifteenth Amendment) Act, 2011 should not be declared unconstitutional, and why the previous actions and deeds done or taken in any manner under this act should not be treated as transactions past and closed.
Secretaries at the Ministry of Law, Justice and Parliamentary Affairs and the Jatiya Sangsad Secretariat were made respondents to the rule, which was returnable in 10 days.
The bench issued the rule following a writ petition challenging the legality and constitutionality of the 15th amendment.
Five conscious citizens — Badiul Alam Majumdar, secretary of rights organisation Shushashoner Jonno Nagorik, Tofail Ahmed, M Hafizuddin Khan, Md Jobirul Hoque Bhuiyan and Zahrah Rahman — submitted the petition as a public interest litigation to the HC on August 18.