Staff Reporter :
The High Court yesterday summarily rejected a petition challenging the process of forming and swearing in the interim government led by Professor Muhammad Yunus. The petition was filed following the Supreme Court’s opinion, which had been delivered after a reference from the president.
The bench of Justice Fatema Najib and Justice Sikder Mahmudur Razi dismissed the petition, describing it as “malicious” and “unacceptable.” The judges emphasised that the interim government was formed and sworn in based on the opinion of the Appellate Division of the Supreme Court.
The Appellate Division had provided its opinion following a reference from the president under Article 106 of the constitution. As such, the High Court stated that there should be no question regarding the legality of the interim government’s formation or its oath-taking.
The petition, filed by Supreme Court lawyer Mohammad Mohsen Rashid in November last year, argued that the reference from the president to the Supreme Court was invalid, as no prior notice had been issued. He also claimed that the opinions of the Supreme Court judges had been given under duress.
Additional Attorney General Aneek R Haque told the media that following the High Court’s order, there should be no further debate about the legality of the interim government’s formation and oath-taking.
On August 9 last year, SC Registrar General Aziz Ahmed Bhuiyan confirmed that the interim government had been formed after the full bench of the Appellate Division provided its opinion, considering the country’s prevailing situation. President Mohammed Shahabuddin had sought this opinion before forming the interim government.
On August 8, President Shahabuddin administered the oath to Chief Adviser Professor Muhammad Yunus and the advisers to the interim government.
Aziz Ahmed added that the opinion was given by the full Appellate Division bench, headed by Chief Justice Obaidul Hassan, following a request from the president through the law ministry.
Other judges on the bench included Justice M Enayetur Rahim, Justice Md Ashfaqul Islam, Justice Md Abu Zafor Siddique, Justice Jahangir Hossain Selim, Justice Md Shahinur Islam, and Justice Kashefa Hussain.
The Appellate Division had stated in its opinion that the president was authorised to form the interim government given the current situation, in the absence of a functioning parliament and after the prime minister’s resignation.
