Interim govt formed with legal documents and people's will: HC observation

The High Court has observed that the interim government led by Dr. Yunus is supported by legal documents and formed with the will of the people of Bangladesh.

In a full order dismissing a writ, a High Court bench comprising Justice Fatema Najeeb and Justice Sikder Mahmudur Razi made this observation on Wednesday (February 12).

The President sought the opinion of the Supreme Court under Article 106 of the Constitution regarding the formation of an interim government to run the country after the fall of the Awami League government. After the opinion of the Appellate Division of the Supreme Court, the interim government was formed under the leadership of Dr. Muhammad Yunus. After that, the members of the advisory council took oath.

Former State Minister for Medical Education Enam, who founded his own medical school, filed a writ challenging the process of references and opinions sent to the Supreme Court regarding the formation and oath of the interim government. After hearing the case, a High Court bench comprising Justice Fatema Najeeb and Justice Sikder Mahmudur Razi dismissed the writ petition outright on January 13. The full order of the High Court dismissing the writ petition was published on Wednesday.

The full order of the High Court said that the current interim government is not supported by any legal document, as stated by the writ petitioner (lawyer Mohammad Mohsin Rashid). It is pertinent to mention that the President of Bangladesh took an advisory opinion under Article 106 of the Constitution in a unique situation. He acted according to the opinion. Therefore, it is supported by legal documents, supported by the will of the people of Bangladesh.

The full order also said, ‘The mass uprising that took place in July-August 2024 is part of our history and I hope that the people will cherish it for many years to come.’

The writ petition was dismissed outright, stating that it was misconceived, hateful and harassing.

Article 106 of the Constitution deals with the advisory jurisdiction of the Supreme Court. The article states that if at any time it appears to the President that a question of law has arisen or is likely to arise which is of such a nature and of such public importance as to require the opinion of the Supreme Court, he (the President) may refer the question to the Appellate Division for consideration. That Division may, after holding such hearing as it may deem fit, communicate its opinion on the question to the President.