Interim govt formed upon SC nod

Sat Aug 10, 2024 12:00 AM
Last update on: Sat Aug 10, 2024 03:43 AM

Staff correspondent

Sat Aug 10, 2024 12:00 AM Last update on: Sat Aug 10, 2024 03:43 AM

President Mohammed Shahabuddin sought an opinion from the Appellate Division of the Supreme Court before forming the interim government.

The government was formed after the full bench of the apex court gave its opinion in favour considering the country's current situation, Supreme Court Registrar General Aziz Ahmed Bhuiyan told The Daily Star yesterday.

On Thursday, President Shahabuddin administered oath to Chief Adviser Prof Muhammad Yunus and the advisers to the interim government.

Bhuiyan said the full Appellate Division bench headed by Chief Justice Obaidul Hassan gave the opinion after the president sought it through the law ministry.

The other six judges of the bench are Justice M Enayetur Rahim, Justice Md Ashfaqul Islam, Justice Md Abu Zafor Siddique, Justice Jahangir Hossain Selim, Justice Md Shahinur Islam and Justice Kashefa Hussain.

The Appellate Division said in its opinion that the president can form the interim government in the current situation as there is no parliament now and the prime minister earlier resigned from office, SC Registrar General Bhuiyan said.

He also said the Appellate Division's opinion was based on Article 106 of the constitution.

The article says, "If at any time it appears to the President that a question of law has arisen, or is likely to arise, which is of such a nature and of such public importance that it is expedient to obtain the opinion of the Supreme Court upon it, he may refer the question to the Appellate Division for consideration and the division may, after such hearing as it thinks fit, report its opinion thereon to the President."

The SC registrar general said the president sent the reference seeking the SC opinion as there is no constitutional provision on the formation of an interim government.

He, however, did not clarify whether the judges physically or virtually sat on the bench to deliver their opinion to the president.

The functions of the Appellate and High Court divisions of the SC were closed on Thursday.

Sat Aug 10, 2024 12:00 AM
Last update on: Sat Aug 10, 2024 03:43 AM

Staff correspondent

Sat Aug 10, 2024 12:00 AM Last update on: Sat Aug 10, 2024 03:43 AM

President Mohammed Shahabuddin sought an opinion from the Appellate Division of the Supreme Court before forming the interim government.

The government was formed after the full bench of the apex court gave its opinion in favour considering the country's current situation, Supreme Court Registrar General Aziz Ahmed Bhuiyan told The Daily Star yesterday.

On Thursday, President Shahabuddin administered oath to Chief Adviser Prof Muhammad Yunus and the advisers to the interim government.

Bhuiyan said the full Appellate Division bench headed by Chief Justice Obaidul Hassan gave the opinion after the president sought it through the law ministry.

The other six judges of the bench are Justice M Enayetur Rahim, Justice Md Ashfaqul Islam, Justice Md Abu Zafor Siddique, Justice Jahangir Hossain Selim, Justice Md Shahinur Islam and Justice Kashefa Hussain.

The Appellate Division said in its opinion that the president can form the interim government in the current situation as there is no parliament now and the prime minister earlier resigned from office, SC Registrar General Bhuiyan said.

He also said the Appellate Division's opinion was based on Article 106 of the constitution.

The article says, "If at any time it appears to the President that a question of law has arisen, or is likely to arise, which is of such a nature and of such public importance that it is expedient to obtain the opinion of the Supreme Court upon it, he may refer the question to the Appellate Division for consideration and the division may, after such hearing as it thinks fit, report its opinion thereon to the President."

The SC registrar general said the president sent the reference seeking the SC opinion as there is no constitutional provision on the formation of an interim government.

He, however, did not clarify whether the judges physically or virtually sat on the bench to deliver their opinion to the president.

The functions of the Appellate and High Court divisions of the SC were closed on Thursday.