High Court rejects writ challenging validity of interim government
"The people of Bangladesh accepted the interim government, leaving no room for further debate over the matter," observed the court.
The High Court has dismissed a writ petition challenging the oath-taking of the interim government after taking permission of the Supreme Court under Article 106 of the constitution.
The court also observed that the people of Bangladesh have accepted the interim government, leaving no room for further debate over its legitimacy.
The bench of Justice Fatema Najib and Justice Shikdar Md Mahmudur Raji pronounced the verdict today (13 January).
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However, the petitioner lawyer Mohsin Rashid, informed journalists that he will appeal against this order to the Appellate Division.
Earlier, on 1 December, lawyer Mohsin Rashid filed this writ petition in the High Court. He challenged the oath-taking of the interim government under Article 106 of the Constitution.
On 8 August, the opinion of the Appellate Division of the Supreme Court was sought before the formation of the interim government led by Nobel laureate Dr Yunus.
That day, the then Chief Justice Obaidul Hassan and seven other Appellate Division judges provided a special reference in favour of forming an interim government. After receiving the Supreme Court's opinion and legitimacy, the president administered the oath to the interim government.
In the special reference, the seven judges of the Appellate Division stated, "Given the current situation in the country, where the prime minister has resigned, and the Honorable president dissolved the 12th National Parliament on 6 August 2024, it is not possible for the president to act on the advice of the prime minister under Article 48(3) of the Constitution of the People's Republic of Bangladesh.
"Under these circumstances, to address the constitutional vacuum, a letter issued on 8 August 2024 (reference no. 10.00.0000.127.99.007.20.475) by the Law and Justice Division of the Ministry of Law, Justice, and Parliamentary Affairs sought the opinion of the Appellate Division of the Supreme Court under Article 106 of the Constitution on this significant public matter.
"After hearing the statement of Bangladesh's Attorney General Md Asaduzzaman, the Appellate Division of the Supreme Court, exercising its advisory jurisdiction under Article 106 of the Constitution, provided the following opinion: Given the lack of provisions in the Constitution of Bangladesh for forming an interim government, the president, in an emergency situation, may appoint a chief advisor and other advisors as an interim measure to manage the executive functions of the state. The president may also administer the oath to the Chief Advisor and other advisors appointed in this manner."
