A Dhaka court on Sunday dismissed a petition filed against former Chief Justice Khairul Haque, accusing him of altering a verdict.
The case involved allegations that he changed a part of the verdict that annulled the 13th Amendment of the Constitution.
Lawyer Imrul Hasan filed the petition on Sunday in the court of Dhaka Metropolitan Magistrate Dilruba Afroze Tithi. After recording the complainant's statement, the court stated that an order would be issued later. Subsequently, the court dismissed the petition, citing a lack of sufficient grounds for accepting the case.
The petition claimed that in 1996, the caretaker government system was introduced into the Constitution through the 13th Amendment in Bangladesh. Since then, elections were held under a caretaker government after the incumbent government’s term ended, leading to the formation of the next government. The 1996, 2001, and 2008 elections were conducted under this system. In 2001, during the BNP's tenure, several individuals, including Advocate M. Salim Ullah, challenged the validity of this amendment through a writ petition. In 2004, the High Court ruled in favor of the caretaker government system. The petitioners then appealed this decision to the Appellate Division.
However, after M. Salim Ullah passed away due to illness, another lawyer, Abdul Mannan Khan, continued the writ petition.
On March 1, 2010, the Appellate Division began hearing the case. Along with the appellant and the state, eight senior lawyers also presented their views as amicus curiae, mostly supporting the continuation of the caretaker government system. Even the then-Attorney General, Mahbubey Alam, supported it.
However, Justice Khairul Haque, not considering the amicus curiae's views, hurriedly finalized the verdict based on the majority opinion of seven judges in the Appellate Division, as his tenure was nearing its end. While three of the six judges sided with the amicus curiae, the remaining three expressed dissenting opinions, leading to a tie. As the Chief Justice, Khairul Haque had the authority to make the final decision and ruled to abolish the caretaker government system.
In the open court, the Supreme Court's announced verdict in the 13th Amendment case left room for the caretaker government system to be maintained for two terms.
However, facing dissatisfaction from the political arena and the public, Justice Haque did not sign the verdict and took the case files home. He retired on May 17, 2012. The full verdict was published on September 13, 2012, 16 months and 3 days after the ruling. The published verdict did not include the provision for the continuation of the caretaker government system for two terms, as mentioned in the open court.
The petition further alleged that the former Chief Justice had misused his position to commit fraud and breach of trust by issuing this verdict.
It is worth noting that A. B. M. Khairul Haque was appointed as the 19th Chief Justice by then-President Zillur Rahman on October 1, 2010, and served until May 17, 2011.
