Staff Correspondent:

The High Court has ruled that the Muhammad Yunus-led interim government is both legally supported by constitutional provisions and formed with the will of the Bangladeshi people.

The observation formed part of the court’s full verdict on a writ petition challenging the legitimacy of the interim government.

After the fall of the Awami League government in a student-led uprising, the president sought the Supreme Court’s opinion on forming an interim government under Article 106 of the Constitution. Based on the Appellate Division’s response, Yunus was appointed to lead the interim government.

A Supreme Court lawyer later filed a writ petition questioning the process through which the Supreme Court’s opinion was sought on the formation and oath-taking of the interim government.

However, after a hearing, the High Court bench of Justice Fatema Najib and Justice Sikder Mahmudur Razi dismissed the petition on Jan 13. The full verdict was published recently.

In its ruling, the court noted that the petitioner had argued that the interim government lacked legal backing. However, it emphasised that the president, faced with an extraordinary situation, acted in accordance with Article 106 of the Constitution by seeking an advisory opinion from the Supreme Court. The court affirmed that the interim government is both legally and publicly supported.

The verdict further said, “The mass uprising of July-August 2024 is a part of our history, and we hope that its significance will be preserved for years to come.”

The court dismissed the petition outright, labelling it as misleading, malicious, and intended to cause harassment.

ARTICLE 106 AND ITS APPLICATION

Under Article 106 of the Constitution, the Supreme Court has the authority to provide advisory opinions on a question of law. If the president believes that a legal question of significant public importance has arisen or may arise, he can refer the matter to the Appellate Division. After conducting a proper hearing, the court may then issue its opinion.

Senior Supreme Court lawyer Muhammed Mohsen Rashid filed the petition in December. He personally argued the case, assisted by lawyer SM Monirul Alam. Additional Attorney General Aneek R Haque and Deputy Attorney General Akhtar Hossain Md Abdul Wahab represented the state.

The Sheikh Hasina-led Awami League government was ousted on Aug 5, 2024, following the student-led uprising. The process of forming an interim government began soon after.

On Aug 6, the president dissolved parliament. By Aug 8, Yunus was appointed as the head of the interim government, and members of the advisory council took their oaths.

Before this transition, President Md Shahabuddin formally sought the Supreme Court’s opinion under Article 106 of the Constitution on the formation of the interim government.

In response, a seven-member Appellate Division bench, led by then chief justice Obaidul Hassan, issued its opinion on Aug 8 after hearing statements from the attorney general.

The Supreme Court ruled that, in urgent situations, the president has the authority to appoint a chief advisor and other advisors as a temporary measure to ensure the continuity of executive functions. The president also has the power to administer their oaths.