The High Court has ruled that the interim government led by Dr Muhammad Yunus is legally supported and formed in accordance with the will of the people.
In a full order dismissing a writ petition, a High Court bench comprising Justice Fatema Najib and Justice Sikder Mahmudur Razi made this observation on Wednesday.
Following the fall of the Awami League government in the student-public uprising, the president sought the Supreme Court's opinion under Article 106 of the Constitution regarding the formation of an interim government.
Based on the Appellate Division's response, an interim government was established under Professor Muhammad Yunus, and the members of the Advisory Council took the oath.
A Supreme Court lawyer later challenged the process by filing a writ petition questioning the reference sent to the Supreme Court and the oath-taking procedure.
On January 13, after hearing the petition, the High Court dismissed it outright.
The full order was recently published.
The court's order clarified that the interim government is backed by legal documents, contrary to the writ petitioner’s claim that it lacked constitutional support.
“The President of Bangladesh sought an advisory opinion under Article 106 of the Constitution in an exceptional situation and acted accordingly. Therefore, the government is both legally supported and reflective of the people’s will,” the ruling stated.
It further noted: “The mass uprising of July-August 2024 is now a part of history, and we hope the people will cherish this moment for years to come.”
The court dismissed the petition as misconceived, malicious, and harassing.
Article 106 of the Constitution allows the president to seek the Supreme Court's advisory opinion on questions of law that are of public importance. The Appellate Division then provides its opinion after a hearing.
The writ petitioner, senior Supreme Court lawyer Mohammad Mohsin Rashid, argued that the interim government or caretaker government is not mentioned in the Constitution, making the reference invalid.
He also said that the Appellate Division’s rules require a formal hearing with notice to the Attorney General and other stakeholders, which, according to him, was not followed.
However, the state countered that the attorney general was notified and participated in the hearing.
Besides, the process complied with constitutional and judicial requirements.
The Awami League government fell on August 5, 2024, following a mass uprising led by students and the public. The president then initiated the process of forming an interim government.
Before this transition, President Md Shahabuddin sought the Supreme Court’s opinion on the matter.
In response to Special Reference (1/24), the seven-member Appellate Division, led by Chief Justice Obaidul Hassan, ruled on August 8, 2024, that: “To prevent a constitutional vacuum, the president may appoint a chief advisor and other advisors as an interim measure to oversee executive functions. The president is also empowered to administer their oath.”