No Debate Can Exist on Interim Government: High Court

National Desk :    |    ০৩:৫২ পিএম, ২০২৫-০১-১৩

The High Court has dismissed a petition challenging the oath-taking of the interim government based on the Supreme Court's opinion, in accordance with Article 106 of the Constitution. The court stated that the people of Bangladesh have accepted the interim government as legitimate, and therefore, there can be no debate on this matter.

On Monday, the High Court bench, consisting of Justice Fatema Najib and Justice Sikdar Mohammad Mahmudur Razee, made this observation while rejecting the petition.

In its observation, the court stated that since the people of Bangladesh have accepted the interim government as legitimate, there can be no further debate on this issue. Additionally, the international community has also recognized the interim government, leaving no room for further questions.

However, the petitioner’s lawyer has stated that they will appeal this order in a higher court.

Earlier, the petition was filed by lawyer Mohsin Rashid, challenging the oath-taking of the interim government based on the Supreme Court’s opinion as per Article 106 of the Constitution.

It is noteworthy that on August 8, prior to the formation of the interim government led by Nobel laureate Dr. Yunus, the Supreme Court’s Appellate Division was consulted for its opinion. On that day, the then Chief Justice Obaidul Hasan and seven other Appellate Division judges expressed their support for the formation of the interim government and provided a special reference. After receiving the Supreme Court's opinion and validation, the President administered the oath to the interim government.

In the special reference, the seven judges of the Appellate Division stated, "Due to the current situation in the country, as the Prime Minister has resigned and the Honorable President dissolved the 12th National Parliament on August 6, it is not possible for the President to accept the Prime Minister’s advice in accordance with Article 48(3) of the Constitution of the People's Republic of Bangladesh. In this context, to fill the constitutional vacuum, the formation of an interim government was proposed."

The legal opinion from the Ministry of Law, Justice, and Parliamentary Affairs, dated August 8, 2024, was sent under the reference number 10.00.0000.12.7.9.00.7.475, seeking the Supreme Court's opinion on this important national issue as per Article 106 of the Constitution of the People's Republic of Bangladesh.