Former cltief justices (CJs) should not have a monopoly on the post of chief adviser to the caretaker government. eminent jurist Barrister Amir-UI Islam observed yesterday in the High Court.

Barrister Amir said this while pointing out the drawbacks of the 13th amendment to the constitution, which the Awami League (AL) conceived of and hammered at in 1995-96 and the then ruling BNP framed.

During the hearing that began on June 29 on the writ petition chal-

longing the 13th constitutional amendment making way for. national election under caretaker government, the lawyer for one of the defendants, the AI, subscribed to the amendment but said it needs to be improved by Incorporating changes.

The petition puts in the dock the government as an institution and AL, BNP and Jamaat-e-Islami as major political parties. The AL is the first defendant to submit its version in the latest round of hearing on the writ.

He suggested the changesmay be

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brought through consultation with and consensus among the political parties to ensure what he said was a "check and balance" in the caretaker government.

"It requires some thinking about what should be the check and balance," he added.

The daylong hearing on the petition took place in the larger bench of Justice Jainul Abedin, Justice Awlad Ali and Justice Mirza Hossain Haider.

Supreme Court Advocate M Salimullah filed the writ petition in January 25, 2000 and the court

asked the government why the 13th amendment should not be declared unconstitutional.

The petitioner said the amendment suspends the constitution's preamble and articles 8, 48 and 56 during caretaker government's rule. It has also given rise to an unhealthy trend in the appointments to the judiciary, as the ruling party tends to manipulate the appointments of the chief justice on the basis of their political allegiance.

The petitioner's counsel, MI Farooqui, told the court, "Soon after the 13th amendment, the election was held under a caretaker government headed by former chief justice Habibur Rahman. When the BNP lost the election, [its chief] Khaleda Zia brought allegations of rigging."

"Then in the next phase, [former chief justice] Latifur Rahman was made the caretaker government chief. When Rahman shuffled some

high officials within hours of his assumption of power, the Awami League termed it a civil coup and it termed him a betrayer after losing the election."

Farooqui argued, "Latifur Rahman defended the shuffling of high officials, saying that he had done his homework before taking office, giving the impression that his executive mind was working before his assumption of office."

"This proves that the prospect of becoming caretaker government chief affects and lures the prospective chief justices."

"The criteria for immediate past chief justice appears to be very innocent, it gives an impression that there is no scope of picking and choosing, but when two chief justices retire within a very short period in the end of their tenure, the government chooses the time of its resignation keeping an eye upon the loyalty of the two judges."

He added the recent 14th amendment increased the service age of Supreme Court judges, which was done apparently to make a particular former chief justice the next caretaker chief.

Farooqui also referred to the complaints by the Supreme Court Bar Association about politicisation of the judges' appointment.

Ruhul Kuddus Babu aided Farooqui, while Additional Attorney General Fida M Kamal made a brief submission for the government.