Appellate Division upholds HC order declaring interim govt valid

The Appellate Division on Thursday upheld a High Court (HC) order that declared the swearing-in and formation of the interim government valid, dismissing a leave-to-appeal petition over the government.

A top court bench, led by Chief Justice Dr.Syed Refaat Ahmed, passed the order.

During Wednesday’s hearing, Attorney General Md Asaduzzaman argued that the writ challenging the government’s legality was based on a mistaken notion.

Lawyers representing the government said that the formation of a government following a popular uprising cannot be questioned, and that raising doubts before the Supreme Court, which was reconstituted after the government took oath, is impermissible.

The petitioner’s counsel defended that during the August 5 uprising, the then Chief Justice and Appellate Division judges had sought shelter in the cantonment.

Consequently, under Article 106 of the Constitution, they were unable to provide the President with advice regarding government formation, rendering the current government’s oath-taking and formation process illegal.

In December last year, senior lawyer Mohsin Rashid first submitted a petition with the HC challenging the legality, which the court rejected, stating that the people’s approval legitimises the interim government and no one could question it.

Following that, the petitioner sought leave to appeal in the Appellate Division, which was dismissed today (Thursday).