CG system illegal | The Daily Star
12:00 AM, April 05, 2011 / LAST MODIFIED: 12:00 AM, April 05, 2011

CG system illegal

Says Barrister Ajmalul

Senior lawyer Barrister Ajmalul Hossain QC yesterday told the Supreme Court (SC) that the caretaker government (CG) system is illegal and against the spirit of the constitution, as, in function, it is an unelected government running the country.
As per the constitution, the country will be run by elected representatives of people and cannot be run by any unelected government even for a single day.
He was placing arguments as amicus curiae (friend of court) before Appellate Division during hearing of an appeal filed against the High Court verdict, declaring valid the constitution's 13th Amendment allowing parliamentary elections under caretaker government system.
A seven-member bench of the Appellate Division headed by Chief Justice ABM Khairul Haque held the hearing yesterday for the ninth day and will resume today.
Ajmalul also said independence of judiciary can be affected due to the amendment.
The provision of appointing the last retired chief justice as chief adviser to a caretaker government might tempt other judges to become the chief justice, he said.
Attorney General Mahbubey Alam yesterday started placing his arguments saying that the system has not affected the state's republican character.
He would continue placing arguments on the appeal today.
Earlier, Dr Kamal Hossain, Advocate TH Khan, Advocate Mahmudul Islam, Barrister M Ami-Ul Islam and Barrister Rokanuddin Mahmud placed their opinions as amicus curiae in favour of the system.
Two jurists, Barrister Rafique-ul Huq and Dr M Zahir, however, placed separate theories of alternatives for the system before the SC.

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