The Appellate Division of the Supreme Court on Thursday (4 December) upheld the High Court verdict that justified the formation and oath-taking of the current interim government led by Professor Dr Muhammad Yunus, reaffirming the legitimacy of the interim government.

“Following the order, there will no longer be any questions regarding the legitimacy of the current interim government,” said Advocate Mohammad Shishir Manir.

The seven-member full bench of the Appellate Division, headed by Chief Justice Dr Syed Refaat Ahmed, delivered the order on a leave-to-appeal petition filed by lawyer Muhammad Mohsen Rashid.

The Appellate Division on Wednesday concluded three days of hearings on the petition, which sought permission to appeal against the High Court order dismissing a writ petition that challenged the formation of the interim government.

Advocate Mohsen himself took part in the hearing for the petition in the apex court, while Attorney General Md Asaduzzaman and Additional Attorney General Aneek R Haque represented the state. Senior lawyers Dr Sharif Bhuiyan, Barrister Md Ruhul Quddus Kazal and Shishir Manir took part in the arguments as interveners.

After the SC order, Asaduzzaman said that the Appellate Division unanimously stated that they did not find any error, mistake, or illegality in the High Court’s verdict. So, the apex court dismissed the leave-to-appeal petition along with its observations.

“We have not yet received the written copy of those observations,” he said.

Ruhul Quddus said that the order rendered the writ petition challenging the interim government’s legitimacy devoid of any merit. In effect, he said, it has now been established that the interim government is being run based on the consensus of public opinion.

Shishir Manir told reporters that the Supreme Court has once again reaffirmed and declared this fundamental principle of the Constitution.

On 8 August 2024, the President sought the Supreme Court’s opinion under Article 106 of the Constitution on forming an interim government - three days after former prime minister Sheikh Hasina fled to India in the face of a mass uprising

That day, the then Chief Justice Obaidul Hassan and other Appellate Division judges provided a special reference. Acting on the court’s opinion, the President administered oath to the interim government led by Dr Yunus.

On 1 December, Advocate Mohsin Rashid filed the writ petition, challenging the oath-taking.

The High Court summarily rejected the writ petition on 13 January. In its full text order, the HC observed that the interim government was supported by legal documents and formed by the will of the people.

Later, the lawyer filed the leave to appeal petition with the Appellate Division on 25 February.

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