The High Court on Monday summarily rejected a writ petition that challenged the formation and oath of the interim government, headed by Prof Dr Muhammad Yunus.
The HC bench of Justice Fatema Najib and Justice Sikder Mahmudur Razi passed the order, saying that the petition is "malicious" and "unacceptable" as the interim government was formed and sworn in as per the opinion of the Appellate Division of the Supreme Court.
The Appellate Division delivered the opinion following a reference sent by the president 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.
Mr Rashid told the FE that he has doubt as to whether the President sent any reference at all, and the process by which the Appellate Division gave its opinion is unacceptable because the judges did not hold hearing on the issue which is mandatory before giving such opinion to the president.
Additional Attorney General Aneek R Haque took part in the hearing representing the state. There is no scope for any debate about legality of the formation of the interim government and its oath taking, he said.
On August 8 last year, President Mohammed Shahabuddin administered the oath to Chief Adviser Prof Muhammad Yunus and other advisers to the interim government. Before giving oath to the new government, the President sought an opinion from the Appellate Division.
However, the apex court gave an opinion to the President in favour of the interim government and its oath before its formation in the arising situation.
After receiving the opinion, the President formed the interim government led by Nobel Laureate Prof Muhammad Yunus and administered oath to its advisers on August 8, said Supreme Court Registrar General Aziz Ahmed Bhuiyan.
The apex court bench, headed by Chief Justice Obaidul Hassan, has given the decision after the President sent a reference through the law ministry seeking its opinion under article 106 of the constitution, he added.
The Appellate Division said in the opinion 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 the office, the SC registrar general also said.
"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," the article states.
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