SC upholds HC order declaring interim govt valid

The Appellate Division of the Supreme Court has upheld a High Court ruling that declared the formation and swearing-in of the current interim government headed by Noble Laureate Prof Dr Muhammad Yunus legal.
A seven-member bench of the Appellate Division headed by Chief Justice Dr Syed Refaat Ahmed delivered the verdict, dismissing an appeal petition filed against the High Court verdict.
In a unanimous decision, the Appellate Division said, "The High Court's ruling rejecting the writ petition challenging the formation and oath of the interim government was appropriate. Therefore, the Appellate Division will not interfere with the High Court's decision."
Now there is no scope for any debate about legality of the formation of the interim government and its oath taking, said Mohammad Shishir Manir who participated in the court hearing as an intervener.
Earlier on January 13 this year a High Court bench summarily rejected a writ petition that challenged the formation and oath of the interim government under the Supreme Court opinion which was delivered following the president's reference.
The HC bench of Justice Fatema Najib and Justice Sikder Mahmudur Razi passed the order, saying that the writ petition was "malicious" and "vexatious" as the interim government was formed and sworn in under the opinion of the Appellate Division of the Supreme Court.
The Appellate Division delivered the opinion following a reference sent by the President of the Republic 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.
In the full text of an order the High Court said, "It is pertinent to mention that the President of Bangladesh in a unique situation in the history of Bangladesh upon taking Advisory Opinion as per Article 106 of the Constitution has acted as per opinion. It is therefore, backed by legal instrument as well as backed by the will of the people of Bangladesh."
Supreme Court lawyer Mohammad Mohsen Rashid filed the writ petition with the HC in November last year.
Mr Mohsen Rashid after the HC order said there is a 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.
He later submitted a leave to appeal petition with the apex court against the High Court order.
Lawyer Mohsen Rashid appeared in the Appellate Division hearing in support of his petition, while Attorney General Md Asaduzzaman and Additional Attorney General Aneeq R Haque represented the state.
Apart from this, Supreme Court lawyers Barrister Ruhul Quddus Kazal, Mohamamd Shishir Manir and two other citizens participated in the hearing as interveners in the case.

bikashju@gmail.com