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 on Tuesday, addressing the Chief Election Commissioner, Cabinet Secretary, Secretary to the President, Principal Secretary to the Prime Minister, Law Secretary, Foreign Secretary and relevant officials of the Parliament Secretariat.
The notice called for examining 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, the notice said a Bangladeshi citizen aged 25 or above is eligible to be elected to Parliament. However, Article 66(2)(c) provides for disqualification if a person acquires the citizenship of a foreign state or acknowledges allegiance to such a state.
It therefore sought examination of their citizenship history and relevant government records to determine whether either of them has held foreign citizenship or a foreign passport, or has made any declaration or oath of allegiance to another state.
The notice also referred to Article 66(2A), which deals with a Bangladeshi citizen by birth who subsequently acquires foreign citizenship and later relinquishes it. It asked the authorities to consider any such history, if applicable, in determining their present constitutional and legal status.
The notice further raised 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.
It called on the authorities to determine whether their appointments and assumption of office comply with the relevant constitutional provisions.
The notice urged the authorities to examine 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 said.
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 asked the authorities to provide a lawful and substantive response within seven days of receiving the notice.
The notice said 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 clarified 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.