HC full verdict: Interim govt supported by legal documents, people’s will

The president sought counsel of the Supreme Court as per article 106 of the constitution regarding forming an interim government to run the country after the fall of the government of Bangladesh Awami League (AL) in the face of the student-people uprising.

The interim government led by Dr Muhammad Yunus was formed after taking the counsel of the Supreme Court. The advisors of the new government also took oath.

A Supreme Court lawyer filed a writ petition regarding the reference sent to the apex court and the method of opinion about the formation of the interim government and its oath.

The High Court bench of justice Fatema Najib and justice Sikder Mahmudur Razi rejected the writ on 13 January. The full verdict of the court on the rejection order has recently been published.

The verdict said the writ petitioner (lawyer Mohammad Mohsin Rashid) said that the incumbent interim government is not supported by any legal documents. It has to be mentioned here that the president of Bangladesh took counsel as per the article 106 of the constitution in a unique situation. He acted following the counsel. That is why this is supported by legal documents and the will of the people of Bangladesh.

The full verdict further stated, “The mass uprising that took place in July-August 2024 is part of our history and we hope the people will be taken care of in the coming years.”

The writ petition was rejected mentioning that it was filed based on misconception, malice and an intention to harass.

Article 106 of the constitution is about the advisory jurisdiction of the Supreme Court. According to the article, “If at any time it appears to the President that a question of law has arisen, or is likely to arise, which is of such a nature and of such public importance that it is expedient to obtain the opinion of the Supreme Court upon it, he may refer the question to the Appellate Division for consideration and the division may, after such hearing as it thinks fit, report its opinion thereon to the President.”

Supreme Court’s senior lawyer Mohammad Mohsin Rashid filed the writ petition in December last year.

According to the petitioner, no reference could be sought on an issue that is not included in the constitution. As per the article 106, the rules of the Supreme Court has to be followed in case of a reference. According to the Appellate Division rules, a hearing has to be held issuing notices to the attorney general and others. But no notice was issued for the hearing.

On the other hand, the state said the attorney general was notified about the reference. He took part in the hearing.

Petitioner Mohammad Mohsin Rashid himself took part in the hearing with the assistance of lawyer SM Monirul Islam.

On the other hand, additional attorney general Anik R Haque and deputy attorney general Akhtar Hossain Md Abdul Wahab represented the state.

The government of Sheikh Hasina was ousted in the student-people uprising on 5 August 2024. Then the process for forming the interim government was initiated. The president dissolved parliament on 6 August. Then the interim government led by Professor Muhammad Yunus was formed on 8 August. Then the advisors of the new government also took oath.

President Mohammed Shahabuddin sought counsel of the Supreme Court as per Article 106 of the constitution before forming an interim government.

In this context of special reference (1/24), the seven-member Appellate Division led by the then chief justice Obaidul Hassan gave advice on 8 August. The opinions of the attorney general was also heard.

The advice said in case of an urgent need to fill a constitutional vacuum in the state, the president may appoint a Chief Advisor and other advisors as an interim measure to conduct the executive affairs of the state. The president may administer the oath to such a Chief Advisor and other advisors.