Writ seeks declaring interim govt a ‘revolutionary’ one
The petition also seeks the publication of a gazette notification declaring those who sacrificed their lives and were injured in the July movement as freedom fighters
A writ petition has been filed with the High Court, seeking the issuance of a gazette notification to formally declare the current interim government a "revolutionary government".
The petition also seeks the publication of a gazette notification declaring those who sacrificed their lives and were injured in the July movement as freedom fighters.
Barrister ASM Shahriar Kabir yesterday told The Business Standard that he submitted the writ petition on behalf of the petitioner, freedom fighter Mofazzal Hossain, on 23 October.
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He added that the petition is likely to be heard by the High Court bench of Justice Farah Mahbub and Justice Debasish Roy Chowdhury on Sunday.
The petition also seeks an order declaring the government's inaction regarding the publication of the gazettes as illegal.
Barrister Kabir explained that the current government is not only formed outside of the constitution but also outside of the judgement of the Appellate Division on 13th Amendment.
"Therefore, if there is no such declaration, the court may pronounce the current government unconstitutional and substitute it by a military coup," he said.
The lawyer added that a revolutionary government cannot be ousted by military coup or by judgement passed by any court.
In recent times, popular uprisings in many countries including Romania, Iran, Iraq, Egypt, Syria, Yemen, and Libya have been recognised as revolutionary governments, he said.
Barrister Kabir further said 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 added.
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.
What the petition says
The writ petition states that on 5 August, the "autocratic government", including the illegitimate prime minister and her ministers, fled the country.
It says the wave of revolution has impacted all sectors, including the judiciary, media, and administration, necessitating the formation of a consensus government outside constitutional bounds.
However, the current government has not issued any proclamations to reflect the movement's aspirations or recognise the individuals involved as freedom fighters of 2024.
As part of this revolution, the petitioner seeks a formal declaration, but since no such proclamation has been made, the petitioner has filed the writ petition as an aggrieved party entitled to remedy.
The petition also says former prime minister Sheikh Hasina fled to India with her cabinet and now lives there without a Bangladeshi passport after the government cancelled all diplomatic passports. It is rumoured that she may have acquired a new Bangladeshi passport and received a visa to stay in India.
The petitioner's lawyer said, "The autocratic Hasina is trying to overthrow the revolutionary government following the Machiavelli Theory, and from newspapers it has come to the notice of the nation that she is going to form a government in exile."
