President Mohammed Shahabuddin sought an opinion from the Appellate Division of the Supreme Court before forming the interim government.
Supreme Court Registrar General Aziz Ahmed Bhuiyan told The Daily Star today that the SC bench gave its opinion in favour of the interim government considering the current situation in the country.
For all latest news, follow The Daily Star’s Google News channel.After receiving the opinion, President Shahabuddin formed the interim government led by Nobel Laureate Prof Muhammad Yunus and administered oath to its advisers yesterday (Thursday), he added.
He said the apex court bench headed by Chief Justice Obaidul Hassan has given the decision after the president sent a reference through the law ministry seeking its opinion.
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 the opinion that the president can form the interim government in the current situation as there is no parliament now and the prime minister has earlier resigned from the office, SC registrar general said.
He also said that the Appellate Division has given its opinion to the president under 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 has sent the reference seeking the SC opinion as there is no provision in the constitution for the formation of the interim government.
He, however, did not clearly say whether the judges of the Appellate Division 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 yesterday.
Daily Star
