Shawdesh desk:
The High Court on Monday dismissed a writ petition challenging the legality of the president’s reference to the Supreme Court and the subsequent Appellate Division opinion on the formation of the interim government following Sheikh Hasina’s deposition during the student-led mass uprising on August 5, 2024.
The bench of Justice Fatema Najib and Justice Sikder Mahmudur Razi summarily rejected the petition, which had been filed by Supreme Court lawyer Mohammad Mohsen Rashid.
The High Court ruled that the formation of the interim government on August 8, 2024, was lawful, as it was based on the Appellate Division’s opinion issued in response to the president’s reference.
The court also upheld the procedural validity of notifying attorney general Md Asaduzzaman before the Appellate Division hearing.
The High Court bench noted that the Appellate Division had provided its opinion on August 8, 2024, after virtually hearing the attorney general earlier on the same day.
Mohammad Mohsen Rashid argued that the appointment of Md Asaduzzaman as attorney general by the president before the interim government’s formation was unconstitutional, claiming that the president could not appoint the state’s chief legal officer without consulting the government that was not then formed.
Additional attorney general Aneek R Haque, representing the state, opposed the writ petition and defended the legality of the president’s actions and the Appellate Division’s opinion.
The interim government was formed to address a power vacuum created after Sheikh Hasina was deposed during a mass uprising.
The president referred the matter to the Supreme Court to ensure constitutional compliance, and the Appellate Division’s opinion paved the way for the formation of the government on August 8, 2024.
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