The High Court has fixed 1 March for hearing a writ petition seeking cancellation of the July National Charter-2025 after the petitioner lawyer failed to appear before the court.
The writ was filed by Supreme Court lawyer Yunus Ali Akand, challenging the legality of the July National Charter and seeking a directive declaring it unconstitutional, illegal and without lawful authority.
The petition was placed before the bench on Wednesday before a High Court bench comprising Justice Khizir Ahmed Chowdhury and Justice Md Ziaul Haque. However, the petitioner was absent when the case was called on for hearing.
Deputy Attorney General Delowar Hossain Khan, representing the state, sought time from the court. The bench subsequently scheduled the next hearing for 1 March.
Attempts to contact Yunus Ali Akand by phone to ascertain the reason for his absence were unsuccessful.
Yunus Ali Akand filed the writ on 18 February, challenging the validity of the July National Charter-2025.
In the petition, he prayed for a rule asking why the Charter should not be declared unconstitutional, illegal and contrary to the Constitution.
He also sought a stay on the operation of the July Charter until disposal of the rule.
The respondents in the writ include the National Consensus Commission, the Cabinet Secretary, the Secretary of the Law and Justice Division under the Ministry of Law, the Secretary of the Legislative and Parliamentary Affairs Division of the Ministry of Law, and the Chief Election Commissioner.
According to the petition, the referendum held on 12 February under the July National Charter-2025 by the interim government is unconstitutional and illegal.
It states that arranging a referendum under the July Charter violates Articles 65, 123 (3) (4) and 31 of the Constitution, as well as Article 11 of the RPO.
The petition further contends that, in light of the Supreme Court’s verdict, the caretaker government system remains in effect.
Therefore, holding a referendum by the interim government is contrary to the Constitution and the law.
It also argues that the July National Charter is against the democratic spirit of the Constitution and that there is no provision for an interim government in the Constitution.
Hence, the Charter and the referendum held under it are unconstitutional.
Earlier, on 17 February, another writ petition was filed before the High Court challenging the legality of the 12 February referendum and seeking cancellation of the results declared on 13 February.
The petition was filed in the public interest by Supreme Court lawyer ABM Ataul Majid.
