15th Amendment: HC fixes Oct 30 for rule hearing

The High Court yesterday set October 30 for holding a hearing on the rule that questioned the legitimacy of the 15th amendment that scrapped the non-party caretaker government system and brought some significant changes in the charter.

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 to 50 from 45.

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 as the prime minister.

The scrapping of the 13th amendment had sparked outrage among the opposition parties.

The HC bench of Justice Farah Mahbub and Justice Debasish Roy Chowdhury set the date following a prayer moved by petitioners' lawyer Barrister Reduanul Karim.

Additional Attorney General Mohammad Arshadur Rouf and Deputy Attorney General Md Tanim Khan represented the state during the court proceedings.

Contacted, DAG Tanim said the respondents have not submitted any written reply to the HC in response to its rule as the state counsels will place arguments to this effect during hearing on October 30.

Petitioners' principal counsel Dr Sharif Bhuiyan said making written reply to the HC rule is not mandatory for the respondents.

Another HC bench led by Justice Naima Haider, who is now on leave, on August 19 this year issued the rule asking the respondents to show causes 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 and Jatiya Sangsad Secretariat were made respondents to the rule, which was returnable in 10 days.

The bench issued the rule following the writ petition challenging the legality and constitutionality of the 15th amendment.

Five eminent 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.