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Interim Government is Legitimate, No Room for Debate: High Court

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  • Update Time : 08:07:02 am, Monday, 13 January 2025
  • / 624 Time View

The High Court has dismissed a writ petition challenging the oath-taking of an interim government based on the Supreme Court’s opinion under Article 106 of the Constitution. The court stated that the people of Bangladesh have accepted the interim government as legitimate, leaving no room for further debate.

 

The ruling, delivered by a High Court bench comprising Justice Fatema Najib and Justice Shikdar Md. Mahmudur Raji, also noted that the international community has recognized the interim government, reinforcing its legitimacy. However, the petitioner, lawyer Mohsin Rashid, has announced plans to appeal the decision.

 

The writ was filed after the interim government, led by Nobel laureate economist Dr. Muhammad Yunus, was sworn in following the Supreme Court’s advisory opinion. On August 8, the Appellate Division, led by then-Chief Justice Obaidul Hassan and six other justices, issued a special reference supporting the formation of the interim government. The Supreme Court’s opinion was sought due to the unique situation arising from the Prime Minister’s resignation and the dissolution of the 12th National Parliament on August 6 by the President.

 

The Appellate Division’s special reference stated that, given the circumstances, the President could not act on the Prime Minister’s advice under Article 48(3) of the Constitution. Therefore, to address the constitutional vacuum, the Ministry of Law, Justice, and Parliamentary Affairs sought the Supreme Court’s opinion under Article 106. Following the court’s validation, the President administered the oath to the interim government.

 

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Interim Government is Legitimate, No Room for Debate: High Court

Update Time : 08:07:02 am, Monday, 13 January 2025

The High Court has dismissed a writ petition challenging the oath-taking of an interim government based on the Supreme Court’s opinion under Article 106 of the Constitution. The court stated that the people of Bangladesh have accepted the interim government as legitimate, leaving no room for further debate.

 

The ruling, delivered by a High Court bench comprising Justice Fatema Najib and Justice Shikdar Md. Mahmudur Raji, also noted that the international community has recognized the interim government, reinforcing its legitimacy. However, the petitioner, lawyer Mohsin Rashid, has announced plans to appeal the decision.

 

The writ was filed after the interim government, led by Nobel laureate economist Dr. Muhammad Yunus, was sworn in following the Supreme Court’s advisory opinion. On August 8, the Appellate Division, led by then-Chief Justice Obaidul Hassan and six other justices, issued a special reference supporting the formation of the interim government. The Supreme Court’s opinion was sought due to the unique situation arising from the Prime Minister’s resignation and the dissolution of the 12th National Parliament on August 6 by the President.

 

The Appellate Division’s special reference stated that, given the circumstances, the President could not act on the Prime Minister’s advice under Article 48(3) of the Constitution. Therefore, to address the constitutional vacuum, the Ministry of Law, Justice, and Parliamentary Affairs sought the Supreme Court’s opinion under Article 106. Following the court’s validation, the President administered the oath to the interim government.