In a mounting legal backlash against the remnants of the Muhammad Yunus-led interim government’s reforms, multiple writ petitions have been filed with Bangladesh’s High Court, seeking to declare the referendum unconstitutional and to nullify the contentious “July National Charter” that underpinned it.
Critics argue the charter and referendum represent an overreach by an unelected regime, violating core constitutional principles and undermining democratic norms established since independence.
The latest petition, filed on Wednesday by Supreme Court lawyer Yunus Ali Akand in public interest, demands the suspension of the charter’s implementation and its declaration as void. Akand’s writ lists several grounds for invalidity, including the charter’s conflict with the reinstated caretaker government system, revived after the Supreme Court struck down the 15th constitutional amendment in 2011.
He contends that the interim government’s actions, including organising the referendum, constitute an abuse of power and breach Articles 65, 123(3)(4), and 31 of the constitution, which prohibit actions without legal basis and mandate elected representation for major decisions.
“The so-called interim government had no constitutional mandate to draft or enforce such a charter,” Akand told reporters after filing. “This is not just a legal violation; it’s an assault on the republic’s democratic fabric.” The petition names key officials as respondents, including the Cabinet Secretary, Law Ministry Secretary, National Consensus Commission, and Chief Election Commissioner. A hearing is expected next week before a bench led by Justice Rajik Al Jalil.
This follows a similar writ filed on February 17 by lawyer ABM Ataul Majid Touhid, challenging the referendum’s validity and seeking to cancel its results, gazetted on February 13. Touhid’s petition argues that the interim government, lacking sovereign authority or constitutional assembly status, acted as an unlawful trustee beyond its bounds.
It highlights the absence of a clear legal framework for the referendum, including proper laws, regulations, transparency, and voter consent mechanismsโflaws that allegedly eroded public sovereignty and fundamental rights.
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“The referendum was conducted without constitutional sanction, turning a democratic tool into a farce,” Touhid stated. He emphasised that oaths under the Constitution are binding, and any deviation amounts to a breach. The writ requests a rule nisi asking why the referendum should not be deemed illegal and seeks an injunction halting implementation of its results. Respondents include the Chief Election Commissioner, Cabinet Secretary, Law Secretary, and Election Commission Secretary. A hearing may occur next week before Justices Fatema Najib and AFM Saiful Karim.
The referendum, held alongside the 13th parliamentary elections on February 12, asked voters to endorse constitutional reforms proposed in the July National Charterโa document born from the 2024 anti-government uprising. Official results show a 60.26% turnout, with “Yes” votes totalling 48,074,429 (over twice the 22,565,627 “No” votes), paving the way for changes like a potential Constitutional Reform Council.
However, the charter has been mired in controversy since its inception under Yunus’ interim administration, which assumed power amid chaos following Sheikh Hasina’s ouster. Opponents, including Awami League remnants and legal experts, label it an undemocratic imposition, accusing it of sidelining elected processes and entrenching interim overreach.
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The BNP-led government, fresh from its electoral victory, has distanced itself from the charter’s reform mechanisms. On Tuesday, BNP lawmakers refused to take oaths as members of the proposed 180-day Constitutional Reform Council, citing constitutional incompatibility.
Finance and Planning Minister Amir Khosru Mahmud Chowdhury clarified: “Constitutional changes must follow proper parliamentary procedures; we can’t proceed without that.” Home Minister Salahuddin Ahmed echoed this, announcing a separate 180-day government priority plan focused on commodity prices, law and order, supply chains, and utilitiesโdeliberately decoupling it from the charter’s timeline.
Political analyst and senior journalist Masood Kamal described the charter’s implementation push as “foolish and stubborn,” noting BNP’s quiet opposition during the interim period due to mob pressures.
“The BNP won’t abandon reforms entirelyโthey have their 31-point agendaโbut the charter’s bizarre process is dead on arrival,” he said.
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