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Writ petition filed challenging legality of July Charter

Writ petition filed challenging legality of July Charter
The Supreme Court of Bangladesh. Photo: Collected
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A writ petition was filed with the High Court on Wednesday challenging the legality of the July National Charter. The petition seeks a directive declaring the charter illegal, unconstitutional, and unlawful.

Supreme Court lawyer Yunus Ali Akond confirmed the matter to Times of Bangladesh.

The National Consensus Commission, the Cabinet Secretary, the Secretary of the Law and Justice Division of the Ministry of Law, the Secretary of the Legislative and Parliamentary Affairs Division of the Ministry of Law, and the Chief Election Commissioner have been made respondents in the petition.

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The petition also sought a rule asking why the July National Charter 2025 should not be declared unconstitutional and illegal. It further requested suspension of the charter’s effectiveness until the rule is disposed of.

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According to the petition, the referendum held under the July National Charter 2025 by the interim government was unconstitutional and unlawful. Organising a referendum under this charter contradicts Articles 65, 123 (3) (4), and 31 of the Constitution, as well as Section 11 of the Representation of the People Order (RPO).

The petition further argued that, in light of Supreme Court rulings, the caretaker government system remains in place; therefore, any referendum organised by the interim government is unconstitutional and illegal.

It also stated that the Constitution contains no provision for an interim government. Therefore, the July Charter and the referendum held under it are unconstitutional.

Earlier, on Tuesday, a writ petition was filed in the High Court challenging the legality of the referendum held on 12 February and seeking cancellation of the results announced on 13 February. Supreme Court lawyer ABM Ataul Majid filed that petition in the public interest.

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