The High Court has issued a rule asking why the ordinance on the referendum and the order implementing the July Charter should not be declared illegal. The court also sought an explanation as to why the oath taken by the Constitutional Reform Council would not be considered contradictory to the constitution.

The development has created fresh political debate, with lawyer Shishir Monir claiming the government has “opened a Pandora’s box” by placing political decisions before the judiciary.

According to the report, the President issued the order to implement the July Charter on November 13 last year. Later, on February 12, a referendum and parliamentary election were held. On February 17, the government was formed after the oath-taking ceremony of lawmakers from the Bangladesh Nationalist Party (BNP).

Although two separate oaths were scheduled that day, BNP lawmakers refrained from taking the oath of the Constitutional Reform Council. However, members of parliament from the Jamaat and NCP alliance took both oaths.

Two lawyers subsequently filed a writ petition before the High Court arguing that under Article 93 of the constitution, the President does not have the authority to issue the July Charter implementation order or the referendum ordinance. The petition sought cancellation of both the July Charter and the referendum.

After hearing all parties on Tuesday, a High Court bench comprising Justice Rajik Al Jalil and Justice Anwarul Alam issued the rule asking the authorities to explain why the referendum ordinance and the July Charter implementation order should not be declared illegal. The court also questioned the legality of the oath taken by the Constitutional Reform Council.

Following the order, parliament will not be able to take any decision regarding the referendum for the time being.

Lawyer for the petitioners, Mahmun Mahbub, said the court’s rule has opened the way for judicial scrutiny of the process.

Meanwhile, Jamaat lawyer Shishir Monir warned that if the July Charter implementation order and the referendum are declared invalid, the legitimacy of the parliamentary election may also come into question. He accused the government of shifting political responsibility onto the judiciary.

The court has asked the concerned authorities to respond to the rule within four weeks, after which the High Court will deliver its final verdict on the referendum and the July Charter.