Jamaat was the first to want the caretaker government: BNP lawyer

BNP counsel senior lawyer Zainul Abedin has said that Jamaat-e-Islami was the first to raise the demand of introducing the caretaker government system and they don’t want the restoration of the system.

He made the remarks while presenting arguments before a seven-member bench of the SC, headed by Chief Justice Syed Refaat Ahmed, during the fourth day of hearings for the appeals and review petitions against the 2011 verdict that scrapped the non-party caretaker government system.

He said: "'Jamaat-e-Islami was the first party to place the deamnd of the caretaker government system. Then Awami League raised the demand and BNP accepted it. But, now Jamaat is against the restoration of the system."

Earlier on October 28, during the fourth day of the hearing of the appeal BNP counsel Md Bodruddoza Badal prayed to the Supreme Court to restore the nonparty caretaker government system with necessary guidelines by cancelling its 2011 verdict that scrapped the 13th Amendment of the Constitution, which had introduced the system in 1996.

During the day's argument, Jamaat-e-Islami lawyer Mohammad Shishir Manir told the SC that the non-party caretaker government system is the most acceptable formula for democracy, as it is possible to hold free, fair, impartial, and credible elections under such a government.

Arguing for the restoration of the caretaker government system, Shishir Manir told the court that it is not possible to hold the upcoming national election under the caretaker government, as the parliament is not functional at present.

The third day of hearing of the appeal to restore the caretaker government system during the election ended on October 23.

Barrister Ehsan A Siddiqui heard the hearing as an intervenor in the court that day. The second day of hearing of the appeal ended on October 22. Lawyer Dr. Sharif Bhuiyan concluded the hearing on behalf of the writ petitioner Badiul Alam Majumder that day. The day before, on October 21, the appeal hearing to restore the caretaker government system for the election period began.

Attorney General Md Asaduzzaman appeared for the state. Advocate ASM Shahriar Kabir also took part in the hearing on another plea filed in this connection. On August 27, 2025, the Appellate Division granted leave to hear the appeal against its 2011 judgment that had declared the 13th Amendment to the Constitution—introducing the caretaker government system—illegal, and fixed October 29 for hearing.

The apex court passed the order after hearing several review petitions seeking restoration of the 13th Amendment and reinstatement of the caretaker government provision. A total of four pleas were filed in this regard—one by BNP Secretary General Mirza Fakhrul Islam Alamgir, another by Jamaat-e-Islami Secretary General Mia Golam Parwar, one by five noted citizens including Shushashoner Jonno Nagorik (SUJAN) Secretary Dr. Badiul Alam Majumdar, and another by an individual petitioner. All the pleas are being heard together. Earlier, on December 17, 2024, the High Court had declared the scrapping of the caretaker government system from the Constitution illegal. 

Attorney General Md Asaduzzaman, after the verdict, told journalists that the High Court had ruled the abolition of the caretaker government provision unconstitutional, meaning the system remains part of the Constitution.