HC rejects writ petition challenging formation of interim govt
The High Court today summarily rejected a writ petition that challenged the formation and oath of Professor Muhammad Yunus-led interim government under the Supreme Court opinion which was delivered following the president's reference.
The HC bench of Justice Fatema Najib and Justice Sikder Mahmudur Razi passed the rejection order, saying that the petition is "malicious" and "unacceptable" as the interim government was formed and sworn in under the opinion of the Appellate Division of the Supreme Court.
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The Appellate Division delivered the opinion following reference sent by the president of the Republic under article 106 of the Constitution, and therefore, there should not be any question about the legality of the interim government's formation and taking oath, the HC bench said.
Supreme Court lawyer Mohammad Mohsen Rashid filed the writ petition with the HC in November last year, saying the reference sent by the president to the SC was not valid as no prior notice was issued to this effect.
Additional Attorney General Aneek R Haque told The Daily Star that there is no scope for any debate about legality of the formation of the interim government and its oath taking after the HC order.
On August 9 last year, SC Registrar General Aziz Ahmed Bhuiyan told The Daily Star that the interim government was formed after the full bench of the apex court gave its opinion in favour of considering the country's prevailing situation as President Mohammed Shahabuddin sought an opinion from the Appellate Division of the SC before forming the interim government.
On August 8, President Shahabuddin administered oath to Chief Adviser Prof Muhammad Yunus and the advisers to the interim government.
Aziz Ahmed said the full Appellate Division bench headed by Chief Justice Obaidul Hassan gave the opinion after the president sought it through the law ministry.
The other six judges of the bench are 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 in its opinion said that the president can form the interim government during the current situation as there is no parliament now and the prime minister earlier resigned from office, SC Registrar General Bhuiyan said on that day.
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