
The Appellate Division of the Supreme Court has upheld the High Court's ruling, which declared the swearing-in and formation process of the Interim Government, led by Dr. Muhammad Yunus, as valid based on the Supreme Court's reference.
The highest court of the land issued this order this morning, Thursday (December 4), by dismissing the writ petitioner's leave-to-appeal against the High Court's order.
The verdict was delivered by a full Appellate Bench of seven judges, headed by Chief Justice Dr. Syed Refaat Ahmed.
Earlier on Wednesday (December 3), during the hearing of the leave-to-appeal challenging the legitimacy of the Interim Government's oath, the Chief Law Officer of the State, Md. Asaduzzaman, stated that the writ petition challenging the government's validity was filed based on a flawed premise.
During the case hearing, lawyers argued that there is no opportunity to question the legitimacy of a government formed following a mass uprising.
They also contended that it is contradictory to question the legitimacy of a government in the very court that it reconstituted after taking the oath.
However, the writ petitioner's main argument was that after the mass uprising on August 5, the then Chief Justice and Appellate Division judges took shelter in the cantonment.
Consequently, they did not have the opportunity to provide an opinion on the President's reference regarding the government's formation, as required by Article 106 of the Constitution.
Therefore, the swearing-in and formation process of the current government was argued to be illegal.
It is noteworthy that Senior Lawyer Mohsin Rashid filed a writ petition in the High Court challenging the legitimacy of the Interim Government's oath in December of last year.
The High Court later dismissed the writ, stating that since the country's populace had validated the Interim Government, no one could raise questions about it. The petitioner subsequently sought leave-to-appeal in the Appellate Division.
The Interim Government took charge of governing the country on August 8 following the ousting of the Sheikh Hasina government amid an uprising that took place in July-August of last year.
Nobel Peace Laureate economist Dr. Muhammad Yunus was sworn in as the head of this government at the swearing-in ceremony held at the Bangabhaban. President Md. Shahabuddin administered the oath.




