Dhaka: A legal notice has been served on the authorities concerned seeking verification of the foreign citizenship status, allegiance to any foreign state, and constitutional validity of the appointments and oath-taking of Foreign Minister Dr. Khalilur Rahman and State Minister for Foreign Affairs Humaiun Kobir. Supreme Court lawyer Aslam Mia served the notice, addressing several high-ranking officials, including the Chief Election Commissioner, Cabinet Secretary, Secretary to the President, Principal Secretary to the Prime Minister, and other relevant officials.
According to United News of Bangladesh, the notice specifically calls for an examination of the two ministers’ citizenship status, eligibility as Members of Parliament, and their oath-taking as ministers in light of Articles 56, 66, and 148 of the Constitution and the Third Schedule. Citing Article 66, it highlights that a Bangladeshi citizen aged 25 or above is eligible to be elected to Parliament, but Article 66(2)(c) provides for disqualification if a person acquires the citizenship of a foreign state or acknowledges allegiance to such a state.
The notice seeks a thorough examination of their citizenship history and relevant government records to determine whether either minister has held foreign citizenship, a foreign passport, or made any declaration or oath of allegiance to another state. It also refers to Article 66(2A), which deals with a Bangladeshi citizen by birth who subsequently acquires foreign citizenship and later relinquishes it, urging the authorities to consider any such history when determining their present constitutional and legal status.
Further, the notice raises questions about the constitutional requirements for taking the oath of office. Under Article 148, a person appointed to an office specified in the Third Schedule must take the prescribed oath or make the required declaration before assuming office. The oath for ministers includes an undertaking to bear true faith and allegiance to Bangladesh and to preserve, protect, and defend the Constitution. According to the notice, Khalilur Rahman took oath as foreign minister on February 17, while Humaiun Kobir was appointed state minister for foreign affairs on August 21.
The notice calls on the authorities to determine whether their appointments and assumption of office comply with the relevant constitutional provisions, urging examination of citizenship, passport, immigration, and other relevant official records. If any constitutional disqualification or legal inconsistency is found, necessary action should be taken in accordance with the Constitution and prevailing laws, it stated. Conversely, if no such disqualification is found, the authorities were asked to clarify the constitutional and legal basis for their appointments and continuation in office.
Aslam Mia has requested a lawful and substantive response within seven days of receiving the notice. The notice also warns that if the matter is not resolved within the stipulated period or no effective action is taken, appropriate constitutional or judicial forums may be approached for remedies available under the law. It clarifies that the notice itself does not constitute a final allegation, judgment, or determination but seeks formal examination of the constitutional questions raised concerning the two ministers.