The High Court on Tuesday issued a rule asking why the July National Charter (Constitutional Reform) Implementation Order and the Referendum Ordinance should not be declared illegal.
A bench comprising Justice Razik-Al-Jalil and Justice Md Anwarul Islam passed the order after hearings on two separate writ petitions.
Acting attorney general Mohammad Arshadur Rouf and Additional Attorney General Anik R Haq represented the state. Lawyers Ahsanul Karim, Syed Mamun Mahbub, Jyotirmoy Barua and Jatiyatabadi Ainjeebi Forum Organising Secretary Gazi Kamrul Islam appeared for the petitioners.
Lawyer Mohammad Hossain Lipu represented National Citizen Party (NCP), while lawyer Mohammad Shishir Monir appeared for Bangladesh Jamaat-e-Islami.
Speaking to journalists, Syed Mamun said the court issued a four-week rule asking why the Implementation Order promulgated by the President on 13 November should not be declared illegal.
A separate rule was issued over the legality of the Referendum Ordinance. Both matters are now sub judice, with the final hearing scheduled after the court reopens following Eid, he added.
Shishir Monir said the court also issued a rule asking why the July Charter Implementation Order should not be declared unconstitutional. Another rule concerns the second part of a letter issued for administering the oath to Members of Parliament, questioning why taking the oath as members of the Constitutional Reform Council should not be declared illegal.
He said the court further issued rules asking why the four questions in Section 3 of the Referendum Ordinance should not be declared illegal and why the 30 consensus-based reform proposals listed in the schedule should not be declared unlawful. In total, four separate rules have been issued.
Shishir Manir said the reform initiative taken after 5 August had been shifted from political consensus to judicial adjudication. Issues meant to be settled politically had previously been taken to court, and the results were not positive, he added.
He questioned under whose instruction the 30 reform proposals, agreed upon by all political parties including BNP, were brought under judicial scrutiny. He alleged that a section of the government appeared directly involved in the hearing and conduct of the writ case.
Claiming that a political party was attempting to harm itself, he said that if the Implementation Order, the 30 reform proposals and the referendum questions were declared invalid, it would raise serious questions about the legitimacy of elections and the government.
SC lawyer Chowdhury Md Redwan-e-Khuda filed the writ on 23 February challenging the legality of the Implementation Order and Section 3 and the schedule to the Referendum Ordinance.
In a separate writ, SC lawyer Gazi Md Mahbub Alam challenged the legality of the Implementation Order and a 16 February letter issued for administering the oath to members of the Constitutional Reform Council.
Redwan’s petition sought a rule asking why Section 3 and the schedule should not be declared beyond lawful authority for being inconsistent with the Constitution, along with an interim order suspending their operation pending disposal of the rule.
Mahbub Alam’s petition sought a rule asking why the 16 February oath-related letter should not be declared void for being inconsistent with the Constitution, as well as an interim order suspending the Implementation Order and the letter pending disposal.
Syed Mamun told TIMES of Bangladesh that under Article 93 of the Constitution, the president may promulgate ordinances when parliament is not in session but cannot act beyond constitutional provisions. He alleged there had been an attempt to alter the character of the Constitution.
He said the parliamentary election was held in accordance with constitutional law and there was no conflict in that regard. Elections may be held before parliament’s term expires, and parliament may also be dissolved, he added.
The Awami League government fell on 5 August 2024 following a mass uprising of students and the public. The interim government that followed initiated reform measures across the state. As part of that process, the “July National Charter 2025” was signed on 17 October 2025.
The Charter is a political consensus document aimed at implementing reform proposals across various sectors of the state.
To gauge public consent on certain reform proposals, an ordinance providing for a referendum was promulgated in November last year. A referendum was held on 12 February alongside the national election to implement the Charter’s constitutional proposals. The “Yes” vote prevailed, signalling public support for the reforms.
