Senior lawyer Sharif Bhuiyan yesterday urged the Supreme Court to restore the non-party caretaker government system by cancelling its 2011 verdict that scrapped the 13th Amendment to the Constitution.
He said the system is essential for holding free and fair elections and establishing democracy.
Bhuiyan told the court that if restored, the caretaker system would be effective for the parliamentary polls following the upcoming one, expected in February next year, as it cannot be implemented under the current interim government.
He placed his arguments for the second consecutive day before a seven-member Appellate Division bench headed by Chief Justice Syed Refaat Ahmed during the hearing of appeals and review petitions against the 2011 verdict that struck down the non-partisan caretaker government system.
In response to the chief justice's query about when the system would become effective if revived, Bhuiyan said the 13th Amendment required forming a caretaker government within 15 days of parliament's dissolution.
"Since parliament was dissolved over a year ago, it's not possible to make the system effective under the current provisions," he said.
He argued that the 2011 verdict, delivered by a bench led by then Chief Justice ABM Khairul Haque, contained "serious flaws" and went beyond judicial jurisdiction.
"The judges took on responsibilities meant for the parliament or the executive," he said.
Bhuiyan added that the 2006 political crisis was not caused by faults in the caretaker system but by constitutional violations when the then president assumed the role of chief adviser.
He said the current interim government was formed under public mandate and would hand over power to the next elected government.
After yesterday's hearing, the Supreme Court set today to resume proceedings on the matter.
On August 27, the Appellate Division allowed BNP and five citizens, including Badiul Alam Majumder, to move two appeals against the 2011 verdict.
BNP, Jamaat-e-Islami, five citizens, and freedom fighter Mofazzal Islam filed review petitions last year, arguing that the caretaker system -- introduced through political consensus -- was part of the constitution's basic structure.
The 13th Amendment was declared void on May 10, 2011, and the 15th Amendment, passed on June 30, 2011, formally abolished the caretaker system.