HC to hear petition seeking 'revolutionary' status for interim govt tomorrow
The High Court (HC) today (27 October) scheduled a hearing for tomorrow on a writ petition seeking the issuance of a gazette notification to formally declare the current interim government, led by Muhammad Yunus, as a "revolutionary government."
The petition also requests the publication of a gazette notification recognising those who sacrificed their lives and were injured in the July movement as freedom fighters.
The HC bench, comprising Justice Farah Mahbub and Justice Debashish Roy Chowdhury, set the date, according to Barrister ASM Shahriar Kabir, the lawyer who filed the writ petition. He told the media that the writ was listed in the daily cause list today, but the court scheduled the hearing for tomorrow.
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Freedom fighter Mofazzal Hossain filed the writ on 23 October. The petition also seeks an order declaring the government's inaction regarding the publication of the gazettes as unlawful.
Barrister Kabir said the current government is formed not only outside the constitution but also outside the scope of the Appellate Division's judgement on the 13th Amendment. "Therefore, if no such declaration is made, the court may deem the current government unconstitutional and substitute it with a military coup," he added.
The lawyer further argued that a revolutionary government cannot be removed by a military coup or by any judgement issued by the court. He pointed out that in recent years, popular uprisings in countries including Romania, Iran, Iraq, Egypt, Syria, Yemen, and Libya have been recognised as revolutionary governments.
Barrister Kabir added that the petitioner filed the writ petition after sending a legal notice to the respondents on 20 October, requesting the declaration of the interim government as a revolutionary government. "As there was no response, the writ petition was filed," he said.
The respondents named in the petition include the cabinet secretary, the principal secretary to the chief adviser, the law secretary, and the personal secretary to the law adviser.
