DHAKA, July 8, 2025 (BSS) – The High Court (HC) today released full text of its judgment that declared scrapping of the caretaker government (CG) system in the constitution as illegal.

The 139-page full text of the judgment passed by the High Court Division bench of Justice Farah Mahbub and Justice Debasish Roy Chowdhury was published on the website of the Supreme Court today.

The High Court on December 17, 2024, came up with the judgment after holding hearing on the plea against scraping of the caretaker government system through the 15th amendment of the constitution.

Attorney General Md Asaduzzaman, after pronouncement of the judgment, told the journalists that the High Court has declared the scraping of caretaker government provision in the constitution as illegal and from now on the caretaker system is part of the constitution.

Dr Sharif Bhuiyan moved for the writ petition filed by the SUJON while senior lawyers Joynal Abedin, Barrister Ruhul Kuddus Kajol and Barrister Kaiser Kamal moved for the BNP. Advocate Mohammad Shishier Manir appeared for Jamat-e-Islami while Advocate Abdur Rouf and Ishrat Hassan argued for Insaniat Biplob Party in the court.

On the other hand, Attorney General Md Asaduzzaman, Additional Attorney General Md Ashradur Rouf and Deputy Attorney General Md Arshad Uddin stood for the state.

The 15th amendment of the constitution was placed in the Jatiya Sangsad (JS) on June 30 in 2011 and a gazette was published on the amendment on July 3 in 2011.

Five eminent citizens of the country led by the General Secretary of SUJON Badiul Alam Majumder filed a writ petition before the high court challenging the legality of the 15th amendment in August this year. 

The High Court, after hearing the writ petition, issued a rule asking the government why the 15th amendment should not be declared as contrary to the constitution.

The Jatiya Sangsad also increased the number of women reserved seats from 45 to 50 side by side the scraping of the caretaker government system in the constitution through the 15th amendment. The 15th amendment also added a provision to award highest punishment to a person for grabbing state power unconstitutionally considering it as a sedition charge.