The High Court (HC) has today (October 27) scheduled a hearing for tomorrow on a writ petition seeking a gazette notification to formally declare the current caretaker government headed by Muhammad Yunus as a “revolutionary government”.

The petition also seeks publication of a gazette notice recognizing those who sacrificed their lives and were injured in the July movement as freedom fighters.

The HC bench comprising Justice Farah Mahbub and Justice Debashish Roy Chowdhury fixed the date, according to advocate ASM Shahriar Kabir, the lawyer who filed the petition. He told the media that the writ was placed on the daily case list today, but the court scheduled the hearing for tomorrow.

Freedom fighter Mofazzal Hossain submitted the application on October 23. The petition also seeks an order declaring the government’s inaction in publishing the gasses illegal.

Advocate Kabir said that the present government is formed not only outside the constitution but also outside the scope of the Appellate Division ruling on the 13th amendment. “Therefore, if no such declaration is made, the court may deem the current government unconstitutional and replace it with a military coup,” he added.

The lawyer also argued that a revolutionary government cannot be removed by a military coup or any court order. He pointed out that in recent years, popular uprisings in countries such as Romania, Iran, Iraq, Egypt, Syria, Yemen and Libya have been recognized as revolutionary governments.

Advocate Kabir added that the petitioner filed the application after sending a legal notice to the respondents on October 20 seeking to declare the caretaker government as a revolutionary government. “As no response was received, the writ petition was filed,” he said.

The respondents named in the petition include the Cabinet Secretary, the Principal Secretary to the Chief Counsel, the Legal Secretary and the Personal Secretary to the Legal Counsel.