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A legal notice has been served on relevant government authorities seeking verification of the foreign citizenship status, allegiance to foreign states and constitutional validity of the oath taken by Foreign Minister Dr Khalilur Rahman and State Minister for Foreign Affairs Humayun Kabir.
Supreme Court lawyer Aslam Mia sent the notice on Tuesday to the Chief Election Commissioner, Cabinet Secretary, secretary to the President’s Office, Principal Secretary to the Prime Minister, secretaries of the Law and Foreign Affairs ministries, and relevant officials of the Parliament Secretariat.
Aslam Mia said he would file a writ petition with the High Court and take other legal measures if he does not receive a response within seven days.
The notice calls for verification of the ministers’ appointments, citizenship status, allegiance to any foreign state and constitutional validity of their oaths in light of Articles 56, 66 and 148 of the Constitution and the Third Schedule.
Under Article 66(1), a Bangladeshi citizen aged at least 25 is eligible to be elected to Parliament. Article 66(2)(c) contains provisions concerning individuals who acquire citizenship of, or acknowledge allegiance to, a foreign state.
The notice also refers to Article 66(2A), which provides specific provisions for Bangladeshi citizens by birth who later acquire foreign citizenship and subsequently renounce it.
The lawyer has therefore sought verification of the two ministers’ citizenship histories and their current legal status.
The notice also seeks examination of whether the ministers’ constitutional oaths comply with Article 148, under which ministers pledge allegiance to Bangladesh and to preserve, protect and defend the Constitution before assuming office.
In the case of Foreign Minister Khalilur Rahman, the notice seeks verification of whether he is currently a Bangladeshi citizen, whether he has ever held foreign citizenship, whether he has used or currently holds a foreign passport, whether he has pledged allegiance to a foreign state and, if he previously held foreign citizenship, when it was renounced.
Similar information has been sought regarding State Minister Humayun Kabir.
The relevant authorities have been requested to collect and examine documents relating to the two ministers’ citizenship, passports, immigration records, nationality and acquisition or renunciation of citizenship.
The notice further calls for legal action if the investigation finds evidence of any constitutional disqualification. If no disqualification is found, it asks the authorities to make public the constitutional and legal basis for their appointments and continued service.
Aslam Mia said the notice does not constitute a final allegation or determination, but seeks an official verification of questions raised regarding the ministers’ citizenship, foreign allegiance and constitutional eligibility. He said appropriate constitutional and judicial remedies would be sought if no satisfactory response is received within seven days.