Why National July Charter and Referendum Ordinance not illegal

The High Court has issued a rule asking the authorities to explain why the July National Charter Implementation Order and the Referendum Ordinance should not be declared unconstitutional and illegal.

The bench comprising Justice Rajik Al Jalil and Justice Md Anwarul Islam passed the order following hearings on two separate writ petitions filed in the public interest on Tuesday. The court directed the respondents to submit their explanations within four weeks.

The petitions challenge the legality of the July National Charter (Constitutional Reform) Implementation Order, the oath-taking letter issued on February 16 for members of the Constitutional Reform Council, and Section 3 along with the Schedule of the Referendum Ordinance.

During the hearing, Acting Attorney General Arshadur Rouf and Additional Attorney General Anik R Haque represented the state. Senior lawyer Ahsanul Karim and Advocate Syed Mamun Mahbub appeared for the petitioners in one writ, while Senior Advocates Mohammad Hossain Lipu, Imran A Siddique and Shishir Monir represented the opposing side.

Supreme Court lawyer Chowdhury Md Redwan-e-Khoda filed a writ petition on February 23 challenging the constitutional validity of the July National Charter (Constitutional Reform) Implementation Order and Section 3 and the Schedule of the Referendum Ordinance. The petition argues that these provisions conflict with the Constitution and seeks a rule to declare them beyond legal authority. It also seeks an interim order suspending the operation of Section 3 and the Schedule of the Referendum Ordinance pending disposal of the rule.

In a separate petition, Supreme Court lawyer Gazi Md Mahbub Alam challenged the legality of the Implementation Order and the February 16 letter issued for administering the oath to members of the Constitutional Reform Council. The petition contends that these actions are inconsistent with the Constitution and seeks suspension of their operation until the matter is resolved.

Earlier, following hearings from both sides on Monday, the court had fixed Tuesday for its order.