Interim govt backed by legal documents, people's will: HC
After 5 Aug, President sought Supreme Court's opinion on forming an interim govt under Article 106 of Constitution
The High Court has said the interim government, led by Prof Muhammad Yunus, is supported by legal documents and formed in accordance with the will of the people of Bangladesh.
In a full ruling on a writ petition dismissal, the High Court bench comprising Justice Fatema Najib and Justice Shikdar Mahmoodur Razi issued this observation today.
The writ petition challenging the reference and opinion process sent to the Supreme Court regarding the formation and oath of the interim government was filed by Supreme Court lawyer Mohsin Rashid.
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After hearing the petition, the High Court bench dismissed the petition on 13 January. The full ruling on the dismissal was published today.
The full ruling states that in an exceptional situation, the president sought advisory opinions in accordance with Article 106 of the Constitution. Based on the opinion, the necessary actions were taken.
"The mass uprising of July-August 2024 is a part of our history, and it is hoped that it will be remembered with care by the people for many years to come," the full ruling further states.
The writ petition was dismissed outright as it was deemed to be based on a "misguided assumption, filled with malice and harassment".
After the fall of the Awami League government on 5 August, the president sought the Supreme Court's opinion on the formation of an interim government to lead the country, in accordance with Article 106 of the constitution.
Following the opinion of the Supreme Court's Appellate Division, an interim government was formed under the leadership of Yunus. Subsequently, the members of the advisory council took the oath of office.
Article 106 of the Constitution addresses the Supreme Court's advisory jurisdiction. It states that if, at any time, the president believes that a legal question has arisen or is likely to arise, which is of such importance to the public that it requires the Supreme Court's opinion, the president may refer the matter to the Appellate Division. After considering the issue, the division may provide its opinion to the president.
