In the light of the reference of the Supreme Court. The Appellate Division has upheld the deota of the High Court by declaring the oath and formation process of the interim government formed under the leadership of Muhammad Yunus.
On Thursday (December 4) morning, Chief Justice Dr. The full appellate bench of 7 judges led by Sayd Refat Ahmed gave this order.
The Supreme Court of the country gave this order by dismissing the leave to appeal of the petitioner against the order of the High Court.
Senior Advocate Mohammad Mohsin Rashid filed the writ petition in December last year in the context of reference and opinion sent to the Supreme Court on the formation of the interim government and oath.
The High Court bench of Justice Fatema Najib and Justice Shikdar Mahmudur Raji on the hearing dismissed the application directly on January 13. The full order of the High Court was published later.
It would be said, “The current interim government is giving a legal document The writ came in the petitioner's statement saying that it is not supported.
“It is relevant to mention that in a unique situation, the President of Bangladesh took an advisory opinion under Article 106 of the Constitution. He did the same as per the opinion. Therefore, it is supported by the legal documents, supported by the will of the people of Bangladesh.”
The court also said in the observation, “The mass uprising that took place in July-August 2024 is part of our history and hopefully the people will be in care for many years to come.”
The writ is misconception, hateful and rude, and it will be dismissed directly.
Article 106 of the Constitution states that the advisory jurisdiction of the Supreme Court is said.
The passage states, “If If there is any equal objection to the President, there is a possibility of such a question of the law being raised or raised, which is such and of public importance that if he (the President) is able to take the question for consideration of the Appellate Division, he (the President) can send the question to the President for the consideration of the Appellate Division.”
pupil The government of the government will fall on August 5 last year in a mass uprising of the people, and then the process of forming an interim government to run the country began on August 6 last year.
Two days later, on August 8, the interim government members led by Muhammad Yunus took oath.
Before the formation and oath of the interim government, the President said. Sahabuddin sent references to the Supreme Court as per Article 106 of the Constitution to form an interim government.
In view of the special reference of the President, the seven-member Appellate Division led by the then Chief Justice Obatadul Hasan will give an opinion on August 8 last year; the speech of the Attorney General was heard.
The opinion of the court states, “In an urgent need to fill the constitutional vacuum of the state, the President can appoint the Chief Advisor and other advisers as an interim system for the executive functioning of the state. The President can appoint the oath of the appointed Chief Advisor and other advisers.”
