Bangladesh's apex court gave the go-ahead for the interim government and its oath before its formation in the exigent situation stemming from the exit of the previous government, SC sources said.
The Appellate Division of the Supreme Court gave the opinion on a presidential reference.
After having received the opinion, President Mohammed Shahabuddin formed the interim government headed by Nobel-laureate Prof Muhammad Yunus and administered oath to its advisers on Thursday, said Supreme Court Registrar-General Aziz Ahmed Bhuiyan.
He said the apex-court bench headed by Chief Justice Obaidul Hassan gave the decision after the President had sent a reference through the law ministry for its opinion.
Other six judges of the bench are Justice M Enayetur Rahim, Justice Md Ashfaqul Islam, Justice Md Abu Zafor Siddique, Justice Jahangir Hossain, Justice Md Shahinur Islam and Justice Kashefa Hussain.
The Appellate Division opined that "the President can form the interim government in the arising situation as there is no parliament now and the Prime Minister has earlier resigned from office", the SCRG said.
He also said that the Appellate Division gave its opinion to the President under article 106 of the constitution.
The article reads: "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."
Registrar-General Bhuiyan said the President had sent the reference seeking the SC opinion as there is no provision in the constitution for the formation of interim government.
He, however, did not clearly say whether the judges of the Appellate Division physically or virtually sat in the bench for delivering its opinion to the President on Thursday. The functions of the Appellate and High Court Divisions of the SC were closed on the day.
Meanwhile, lawyers expressed mixed reaction regarding the issue.
Senior Advocate Manzill Murshid told the FE that the President can seek opinion from the Supreme Court if any question of law arises. However, the Appellate Division can give its opinion after hearing on it. "But, to my knowledge, no such hearing has taken place before sending the opinion."
On the other hand, constitution-expert Dr Shahdeen Malik says the present interim government is "valid as the Appellate Division has given their opinion in favour of formation of the interim government and as the President has given their oath as per the opinion".
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