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The High Court has said that the interim government, led by Noble laureate Prof Dr Muhammad Yunus, is backed by legal instrument as well as by the will of the people of Bangladesh.
"It's 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," said the HC.
"It is, therefore, backed by legal instrument as well as backed by the will of the people of Bangladesh," the court said in the full text of an order.
The mass uprising that took place in July-August 2024 is a part of national history and hopefully this will remain in good care of the people for many years to come, it also observed.
The HC bench of Justice Fatema Najib and Justice Sikder Mahmudur Razi passed the opinion and observations after hearing a writ petition that challenged the formation and oath of the interim government under the Supreme Court's opinion.
Summarily rejecting the petition, the HC bench passed its short order on January 13 this year. The full text was released on Wednesday.
The HC bench said the writ 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 for forming the interim government following a reference sent by the president of the republic under article 106.
Therefore, according to the HC bench, there should not be any question about the legality of the interim government's formation and oath-taking.
Supreme Court lawyer Mohammad Mohsen Rashid filed the petition with the HC in November 2024.
He told the FE that there were doubts as to whether the president sent any reference at all, and the process by which the Appellate Division gave its opinion was unacceptable because the judges did not hear the issue, which is mandatory before giving such opinion to the president.
However, the court said, "The Appellate Division didn't consider it necessary to hear any other person or party except the attorney general. Therefore, the question of service of notice doesn't arise at all."
On 08 August 2024, President Mohammed Shahabuddin administered oath to the chief adviser and other advisers. Before giving oath to the new government, he sought the Appellate Division's opinion.