‘Court rule on July Charter beyond jurisdiction’

Dr Badiul Alam Majumdar, Secretary of the civil society group Shushashoner Jonno Nagorik (SUJAN), has stated that the High Court’s issuance of a rule over the July National Charter is beyond its jurisdiction and warned that denying or disputing the charter would be politically self-destructive for the current government.

He made the remarks on Sunday at a roundtable discussion titled “July’s Constitutional Recognition: Citizens’ Expectations from the Government and the New Parliament”, organized by the Citizens’ Forum for Referendum Implementation at CIRDAP auditorium in Dhaka.

Describing the July Charter as a document born out of political consensus, Dr Majumdar said it was achieved through extensive dialogue among political parties and signed with a commitment to implementation.

“This is not an ordinary document. It is a political consensus forged through the blood of thousands of martyrs. To question it is to deny the spirit of the mass uprising,” he said.

He cautioned that any attempt by the government to backtrack or create fresh controversy around the charter would amount to a grave political misstep. “We are standing on blood. If new complications are created around the July Charter, it will be self-destructive,” he added.

Referring to constitutional debates surrounding the charter, Dr Majumdar argued that the current government emerged from a mass uprising rather than through a conventional constitutional process.

“Many are now trying to find solutions strictly within constitutional boundaries. But this government was formed on the basis of popular sovereignty expressed through a mass uprising. Solutions must also be sought from that sovereign will of the people,” he said.

Invoking the doctrine of political question, he noted that courts traditionally refrain from intervening in matters rooted in political consensus. “The July Charter is a political settlement. Issuing a judicial rule on it constitutes overreach,” he said, adding that those who signed the charter have a moral obligation to defend it in court.

Dr Majumdar warned that unnecessary division or delay in implementing the charter could create political fragmentation, potentially allowing hostile forces to regain influence. He urged swift implementation, saying the people had already expressed their will through a referendum and that no further confusion should be introduced.

“The people have spoken directly through the referendum. That is final. We must move forward in unity rather than create new complexities,” he said.

Other speakers at the event included photographer Shahidul Alam, Jatiya Nagorik Party leaders Akhtar Hossain and Sarwar Tushar, Mancha 24 convener Fahim Farooqui, State Reform Movement coordinator Hasnat Kaiyum, political scientist Dilara Chowdhury, Amar Bangladesh Party Chairman Mujibur Rahman Manju, Barrister Fuad Hossain, and High Court lawyer Barrister Shishir Monir, among others.