'No one should be able to claim that justice was not served,' HC says in 15th Amendment legality case

The High Court (HC) said today that its upcoming ruling on the legality of the 15th Amendment to the Constitution, which abolished the non-partisan caretaker government system, will be one that ensures justice is fully served.

"No one should be able to claim that justice was not served," remarked the High Court bench, comprising Justice Farah Mahbub and Justice Debasish Roy Chowdhury, on the third day of the hearing.

"This is a very significant case. The 15th Amendment affects many parts of the Constitution. We aim to deliver a ruling where no one can say justice has not been served. Through this ruling, we will define what justice is," the court added.

The High Court also advised the state party to make key submissions. "Even after 50 years, people will remember this ruling and reflect on the state party's role in the case," it said.

Deputy Attorney General Asad Uddin, representing the state, assured the court that the state would present arguments in favour of the people's welfare and the state's interests. The court then scheduled the next hearing for Sunday (10 November).

During the hearing, Senior Advocate Zainul Abedin represented the BNP in the morning session, while Supreme Court's Senior Advocate Shahriar Kabir presented arguments concerning the preamble of the Constitution and crucial sections such as Article 7(b) in the afternoon.

Article 7(b) of the Constitution states that certain provisions, including the preamble, all articles in Parts I, II, and III (subject to Part IXA), and provisions related to the basic structure of the Constitution (including Article 150), cannot be amended, altered, or repealed in any way, regardless of Article 142.

Additionally, Senior Lawyer Sharif Bhuiyan represented petitioner Badiul Alam Majumdar, secretary of SHUJAN, while Advocates Mohammad Shishir Monir and Ehsan Siddiqui represented Jamaat, and Advocates Abdur Rouf and Ishrat Hasan appeared for Insaniyat Biplab.

On Wednesday, during the second day of the hearing, the High Court said that the case is not about any political party. It is a case for the entire people of Bangladesh.

On 19 August, the High Court asked the government to explain why abolishing the caretaker system should not be declared illegal, following a writ petition moved by Badiul Alam Majumdar.

The 15th Amendment to the Constitution was introduced during the Awami League government, with the bill passed on 30 June 2011 and a gazette published on 3 July 2011. 

The amendment abolished the caretaker government system and increased the number of reserved seats for women in parliament from 45 to 50. It also criminalised the unconstitutional seizure of state power as treason, punishable by the maximum penalty. 

Additionally, it changed the election timeline, requiring elections to be held within the 90 days preceding the end of parliament's term, instead of within 90 days after the term's expiry.