Today’s order removes any questions about legitimacy of the interim govt: Shishir Manir

Senior lawyer Mohammad Shishir Manir has said that following today’s order from the Supreme Court, there will no longer be any questions regarding the legitimacy of the current interim government.

The High Court had summarily rejected a writ petition challenging the process through which the reference and opinion on the formation and oath-taking of the interim government had been sent to the Supreme Court.

The Appellate Division has dismissed the leave-to-appeal petition filed against that order, along with observations.

The seven-member Appellate Division bench, headed by Chief Justice Syed Refaat Ahmed, delivered the order today, Thursday. After the order, senior lawyer Mohammad Shishir Manir made these remarks to journalists. He was involved in the case as an intervenor (party).

Speaking to journalists after the order was passed, senior lawyer Shishir Manir said that a leave-to-appeal hearing was held in the Appellate Division today concerning the High Court order on the question of the current government’s legitimacy. The order has been passed unanimously.

As a result of this order, it has been established that the present government has been formed based on the sovereign will of the people. Furthermore, the activities being carried out by this government are essentially an expression of the people’s sovereign authority, he added.

The senior lawyer said that the higher judiciary has once again reaffirmed this core principle of the country’s Constitution. Following today’s order, there will no longer be any questions regarding the legality of the government’s various activities, particularly concerning the three mandates of election, justice, and reform.

He further added, with today’s order the arguments raised by some about a constitutional void or vacuum in Bangladesh will no longer stand. The Supreme Court has clearly demonstrated through this order that no such vacuum exists.

Following the fall of the Awami League government in the uprising led by students and public, the president sought the Supreme Court’s opinion, under Article 106 of the Constitution, on forming an interim government to run the country.

Based on the Appellate Division’s advisory opinion, an interim government was formed under the leadership of Professor Muhammad Yunus. Members of the advisory council were sworn in. Article 106 sets out the ‘advisory jurisdiction of the Supreme Court’.

In December last year, Supreme Court senior lawyer Mohammad Mohsin Rashid filed a writ petition challenging the reference and advisory process related to forming and administering the interim government.

After the hearing, the High Court summarily dismissed the writ on 13 January. Lawyer Mohammad Mohsin Rashid then filed a leave-to-appeal petition (seeking permission to appeal) against that order.