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Published : 04 Dec 2025, 10:33 AM
Bangladesh's top court has dismissed an appeal to challenge the High Court's decision dismissing a challenge to the formation of the interim government and reaffirming its legal validity.
As a result, there remains no further legal question concerning the validity of the oaths taken by the interim administration led by Muhammad Yunus.
The full Appellate Division of seven judges, led by Chief Justice Syed Refaat Ahmed, dismissed the petitioner's leave to appeal, along with observations, on Thursday.
Attorney General Md Asaduzzaman and Additional Attorney General Aneek R Haque represented the state, and senior lawyers Ruhul Quddus Kazal, Sharif Bhuiyan, Shishir Manir, and freedom fighter Mofazzal Hossain, among others, assisted the court in person.
Attorney General Asaduzzaman later told reporters, "We stated the context in which the president sent the letter, which Mohsen Rashid also mentioned in his petition. Regardless of how a country's government was elected or what it claims, the prime minister was leading it through the constitutional framework. Then, one fine morning, or afternoon, she herself fled. Before that, her relatives fled. Her entire cabinet fled. Her entire parliament fled or went into hiding.
"In this situation, the only person left was the president. Our Aneek Haque (additional attorney general) said the president is within the execution part of the Constitution. Amid this crisis, he saw the people in a vulnerable state, and he formed an opinion. It is good that he sought a formal mechanism for that opinion. The Supreme Court also gave an opinion. The validity or illegality of the post-mass-uprising government does not depend on questioning this. That was our submission."
The attorney general added that the Appellate Division unanimously stated that they found no error, mistake, or illegal element in the High Court's ruling. "Therefore, they rejected his (Mohsen Rashid’s) CP [Civil Petition] with observations."
Ruhul Quddus said, "The court said the High Court Division's direct dismissal of Mohsen Rashid's writ petition was appropriate according to the law and facts, and since no interference by the court was necessary, no leave was granted. For this reason, his application, the leave petition, was also rejected by the Appellate Division.
"As a result, what happened is that, indirectly, there was no substance to the petition filed by Mohsen Rashid in the Supreme Court's High Court Division over the validity of this interim government, and there remains none. Indirectly, this confirms or establishes that the current interim government is being run based on the people's opinion and consensus."
Senior Supreme Court lawyer Muhammed Mohsen Rashid filed the writ petition last December over the process of references and opinions sent to the Supreme Court on the formation of the interim government and its oath-taking.
After hearing, the High Court bench of Justice Fatema Najeeb and Justice Sikder Mahmudur Razi dismissed the petition outright on Jan 13. The full order given by the High Court was published later.
It said, “The writ petitioner has submitted that the current interim government is not supported by any legal document.
“It is pertinent to note that the president of Bangladesh took an advisory opinion under Article 106 of the Constitution in a unique situation. He acted according to the opinion. Therefore, it is supported by a legal document, supported by the will of the people of Bangladesh.”
The court further observed, “The mass uprising of July-August 2024 is a part of our history, and we hope that its significance will be preserved for years to come.”
The court dismissed the petition outright, labelling it as misleading, malicious, and intended to cause harassment.
Article 106 of the Constitution is concerned with the Supreme Court’s advisory jurisdiction.
Under the article, the Supreme Court has the authority to provide advisory opinions on a question of law. If the president believes that a legal question of significant public importance has arisen or may arise, he can refer the matter to the Appellate Division. After conducting a proper hearing, the court may then issue its opinion to the president.
Senior Supreme Court lawyer Rashid personally argued the case, assisted by lawyer SM Monirul Alam. Additional Attorney General Aneek R Haque and Deputy Attorney General Akhtar Hossain Md Abdul Wahab represented the state.
The Sheikh Hasina-led Awami League government was ousted on Aug 5, 2024, following the student-led uprising. The process of forming an interim government began soon after.
On Aug 6, the president dissolved parliament. By Aug 8, Yunus was appointed as the head of the interim government, and members of the Advisory Council took their oaths.
Before this transition, President Md Shahabuddin formally sought the Supreme Court’s opinion under Article 106 of the Constitution on the formation of the interim government.
In response, a seven-member Appellate Division bench, led by then chief justice Obaidul Hassan, issued its opinion on Aug 8 after hearing statements from the attorney general.
The Supreme Court ruled that, in urgent situations, the president has the authority to appoint a chief advisor and other advisors as a temporary measure to ensure the continuity of executive functions. The president also has the power to administer their oaths.
