The Appellate Division has upheld the High Court verdict that validated both the oath-taking and formation process of the interim government led by Dr Muhammad Yunus, in accordance with the Supreme Court’s earlier reference.
A seven-member bench headed by Chief Justice Dr Syed Refaat Ahmed delivered the order on Thursday morning, dismissing the writ petitioner’s plea for leave to appeal.
In its order, the Appellate Division said the High Court had correctly dismissed the writ challenging the legality of the interim government’s formation. The bench unanimously decided not to interfere with that ruling.
Speaking to reporters, lawyer Mohammad Shishir Monir said the order leaves no scope to raise further questions over the formation or functioning of the interim administration.
The leave-to-appeal hearing against the High Court judgment began on December 2. During arguments, Shishir Monir said that public legitimacy was the ultimate source of authority and that trust and confidence of the people form the basis of such legitimacy.
The court had fixed Thursday for delivering the order.
Earlier, on November 12, senior lawyer Mohammad Mohsin Rashid argued before the court. During that hearing, the attorney general filed a contempt petition against him for allegedly making disparaging comments about the court.
The Appellate Division later sought an explanation from him.
On August 8, 2024, the Appellate Division’s opinion was sought ahead of forming the Dr Yunus-led interim government. On the same day, a seven-judge bench headed by then chief justice Obaidul Hassan issued a special reference endorsing the formation of an interim administration.
Following the Supreme Court’s opinion, the president administered the oath.
The reference noted that following the prime minister’s resignation and the dissolution of the 12th Parliament on August 6, 2024, the president could not act on the prime minister’s advice under Article 48(3) of the Constitution.
A writ was later filed challenging the validity of that reference.
On January 13, the High Court dismissed the writ, ruling that the interim government was formed lawfully and reflected the will of the people based on the Supreme Court’s opinion.
The writ petitioner subsequently sought leave to appeal, which the Appellate Division has now dismissed.
