A legal notice has been served on the relevant authorities seeking verification of the citizenship status, possible foreign allegiance and constitutional validity of the oaths taken by Foreign Minister Dr Khalilur Rahman and State Minister for Foreign Affairs Humaiun Kobir.
The notice was sent to the chief election commissioner, cabinet secretary, secretary to the President’s Office, principal secretary to the prime minister, secretary of the Ministry of Law, Justice and Parliamentary Affairs, secretary of the Ministry of Foreign Affairs and relevant officials of the Parliament Secretariat.
Supreme Court lawyer Aslam Mia served the notice on Tuesday.
In the notice, Aslam said the appointments, eligibility, citizenship, allegiance and oaths of the two officials should be examined in light of Articles 56, 66 and 148 of the Constitution and the Third Schedule.
Citing Article 66(1), the notice said a person must be a Bangladeshi citizen and at least 25 years old to be eligible for election to parliament.
It further cited Article 66(2)(c), which provides for disqualification if a person acquires citizenship of a foreign state or acknowledges or affirms allegiance to a foreign state.
The notice also referred to Article 66(2A), which provides for a person who is a Bangladeshi citizen by birth but subsequently acquires foreign citizenship and later renounces it. It called for the officials’ citizenship histories and current legal status to be verified accordingly.
The notice said Article 148 requires persons appointed to offices listed in the Third Schedule to take the prescribed oath or make the prescribed declaration before assuming office.
The oath taken by ministers and state ministers includes a pledge of true faith and allegiance to Bangladesh and a commitment to preserve, protect and defend the Constitution.
Regarding Khalilur Rahman, who took the oath as foreign minister on February 17, the notice seeks verification of whether he is currently a Bangladeshi citizen, whether he has ever held foreign citizenship, whether he holds or has held a foreign passport, whether he has ever sworn allegiance to or made a declaration of allegiance to a foreign state, and, if so, when he renounced the citizenship.
Similar verification has been sought regarding Humaiun Kobir’s citizenship status and any allegiance to a foreign state.
The notice asked the authorities to collect and examine relevant records concerning the two officials’ citizenship, passports, immigration, nationality, acquisition or renunciation of citizenship and other related matters.
It also called for a determination of whether their appointments and assumption of office comply with Articles 56, 66 and 148 of the Constitution and the Third Schedule.
If any constitutional disqualification is found, the notice called for action to be taken in accordance with the law. If no disqualification is found, the authorities have been asked to disclose the constitutional and legal basis for the two officials’ appointments and continued tenure.
Aslam has asked the authorities to provide a substantive response within seven days of receiving the notice.
The notice states that it is not a final allegation or determination, but was issued to have the questions concerning the officials’ citizenship, foreign allegiance and constitutional eligibility examined by the competent authorities.
It further states that if the matter is not resolved within the stipulated period, or the constitutional questions remain unanswered, appropriate constitutional or judicial remedies may be sought before the relevant forum under the laws and Constitution of Bangladesh.
