Recent developments in Bangladesh’s political and judicial spheres have sparked serious questions regarding the legitimacy of power structures following the fall of the previous government.
According to the Inter-Services Public Relations Directorate (ISPR), the country’s 24th Chief Justice, Obaidul Hasan, was under the protection of the Bangladesh Army along with his family starting from August 5 of last year. This revelation has raised a critical question—who authored the Supreme Court’s full bench reference that granted legitimacy to the interim government led by Dr. Muhammad Yunus? On what authority does Dr. Yunus claim his position as head of the government?
Chief Justice’s Custody and the Full Bench Reference
ISPR’s statement indicates that following the fall of Sheikh Hasina’s Awami League-led government, Chief Justice Obaidul Hasan came under the army’s supervision from August 5. During this period, Bangladesh was facing intense political turmoil. After Sheikh Hasina reportedly left the country and the Parliament was dissolved, Dr. Yunus announced the formation of an interim government on August 8.
Subsequently, the Supreme Court’s Appellate Division, under the leadership of Chief Justice Obaidul Hasan, validated the formation of the interim government through a virtual full bench hearing.
However, the ISPR’s disclosure that the Chief Justice was in army custody during this time has led to a wave of speculation. If he was under military protection, then who actually prepared and oversaw the judicial reference and hearing process? This question is now being hotly debated by legal experts, political analysts, and members of the general public.
The situation raises serious concerns about the independence of the judiciary and the constitutional basis of the current transitional authority in Bangladesh.