The High Court is scheduled to conduct a hearing on Sunday, 1 March, regarding a writ petition seeking directions to cancel the “July National Charter.”
A High Court bench comprising Justice Khizir Ahmed Choudhury and Justice Md Ziaul Haque fixed the date on 25 February. Although the petition was included in the daily cause list on that day, the petitioner, Supreme Court lawyer Yunus Ali Akhand, was not present in court.
Subsequently, Deputy Attorney General Delowar Hossain Khan requested an adjournment on behalf of the state, leading the court to reschedule the hearing.
Legal challenge
Advocate Yunus Ali Akhand filed the writ on 18 February, challenging the validity of the charter. The petition seeks to have the July Charter declared illegal, unconstitutional, and void.
The respondents named in the petition include the National Consensus Commission, the Cabinet Secretary, the Secretary of the Law and Justice Division, the Secretary of the Legislative and Parliamentary Affairs Division, and the Chief Election Commissioner.
The petitioner has requested a rule asking why the July National Charter-2025 should not be declared unconstitutional and beyond legal authority. Furthermore, the writ seeks a stay on the effectiveness of the charter until the rule is disposed of.
Arguments against the Charter
The petition argues that the referendum conducted by the interim government under the July National Charter-2025 is unconstitutional and illegal. It asserts that holding a referendum under this charter violates Articles 31, 65, and 123 (3) (4) of the Constitution, as well as Article 11 of the Representation of the People Order (RPO).
The petitioner further contends that the Caretaker government system remains in place in light of Supreme Court judgements. As the Constitution contains no provision for an interim government, the charter and any referendum held under it are deemed unconstitutional and contrary to democratic spirits.
Previous Litigations This is the second major legal challenge following a separate writ filed on 17 February by Supreme Court lawyer ABM Ataul Majid. That public interest litigation challenged the validity of the referendum held on 12 February and sought the cancellation of the results announced on 13 February.
