President ‘lied’, must rethink if he’s fit to hold office, says Advisor Asif Nazrul

The advisor questions the president’s role following remarks on Hasina’s resignation

President Mohammed Shahabuddin is 'lying' about former prime minister Sheikh Hasina's resignation letter, says Law Advisor Asif Nazrul.

On Monday, he told journalists at the Secretariat that if the president stands by his statement, then the advisory council must reconsider his eligibility to remain in office.

Hasina fled to India on Aug 5 amid a mass student-led uprising, ending the 15-year rule of the Awami League.

On that day, Army chief Gen Waker-Uz-Zaman announced her resignation in a televised address.

President Shahabuddin also addressed the nation that evening, confirming Hasina had submitted her resignation letter, which he had accepted.

Following this, a caretaker government, led by Muhammad Yunus, was formed with the Supreme Court's consultation.

President Shahabuddin administered the oath for the new government.

However, in a special interview with Manab Zamin Editor Matiur Rahman Chowdhury on Oct 19, Shahabuddin said he does not have 'any documentary evidence' of former prime minister’s resignation.

In response to this, Advisor Nazrul said: “The president's statement that he did not receive Sheikh Hasina’s resignation letter is a lie, and it is a violation of his oath.”

He continued, "On the 5th of August at 11:20pm, he [president] himself mentioned in a speech to the nation, with the heads of the three armed forces behind him, that the former prime minister had submitted her resignation letter to him, and he accepted it.”

“After that, the Supreme Court’s Appellate Division was consulted, and the then chief justice and other justices provided their opinion based on the president’s reference. The first line of that opinion is, 'Since the prime minister has resigned due to the current situation in the country...' All the judges of the Appellate Division, including the then chief justice Obaidul Hassan, signed the opinion, he added.

Nazrul said, “The Supreme Court’s opinion was sent from the law ministry to the president’s office, and he reviewed, accepted, and signed it. He then formed the interim government. In his speech on the 5th of August, the president repeatedly confirmed that the prime minister had resigned. If, after nearly two and a half months, he now claims no resignation letter was submitted, this is a direct contradiction and a breach of his oath. Questions arise about his eligibility to remain in office.”

The advisor further added, “If a person is physically or mentally unfit or engages in gross misconduct, there are constitutional provisions to remove them from the presidency.”

According to Article 53 of the Bangladesh Constitution, a president can be removed from office due to physical or mental incapacity, but it requires the support of two-thirds of the members of parliament.

PRESIDENT’S COMMENTS DRIVEN BY ULTERIOR MOTIVE: BNP’S ZAINUL

BNP leader and senior Supreme Court lawyer Md Zainul Abedin remarked that President Shahabuddin’s claims of not receiving the resignation letter of former premier Hasina are driven by an ‘ulterior motive’.

The president of the Nationalist Lawyers Forum made the comments while speaking to the reporters at the Supreme Court premises on Monday.

He said: “In his address to the nation, the president said that Hasina had resigned from the post of prime minister. The whole nation heard his speech. The president himself administered the oath to the chief advisor besides others. Now he is saying that there is no documentary proof of Hasina’s resignation.”

“The president said this with a special motive two months after the formation of the interim government. The president has lied,” added Zainul.

A few hours after Hasina fled to India on Aug 5, Gen Waker held a meeting with the leaders of the BNP, the then-banned Jamaat, Hifazat-e Islam and several other party heads and declared that Hasina had resigned before leaving the country.

A few days later, Hasina’s son Sajeeb Wazed Joy said that his mother did not get a chance to resign while speaking at an interview with a foreign media.

Later, Hasina was heard reiterating the same in a leaked phone call conversation.

On Oct 17, the ICT issued arrest warrants against Hasina and 45 others for two counts of genocide aimed at quelling the Anti-discrimination Student Movement. It also ordered them to appear in court by Nov 18.

The order came at the start of trials relating to the 'massacres' during the student-led mass uprising in July and August that overthrew the Awami League government.

On Oct 19, a special report written by Matiur was published in Manab Zamin’s political magazine ‘Janatar Chokh’.

In the report, Matiur wrote: “The question is, if the prime minister had resigned, then where did it [the resignation letter] go? No one has the answer to this question. I have been searching for three weeks. I even looked into the Cabinet Division where the resignation letters of presidents, prime ministers and ministers are supposed to be. It is nowhere to be found.”

Later, Matiur asked the question to the president himself at the Bangabhaban.

To which, Shahabuddin replied: “I have heard she resigned. But I don’t have any documentary evidence. I have failed despite many attempts. Maybe she didn’t have the time.”

However, the president also commented that the absence of a resignation letter will not pose any legal crisis on the validity of the new government.

He added that the Appellate Division of the Supreme Court said the formation of an interim government would be valid.

“So, even if fugitive Hasina had not resigned, this will not lead to any crisis of the interim administration,” said Shahabuddin.

Ever since the article was published, the members of the Movement have been demanding the removal of the president from his post.

Zainul said: “Since he ‘lied’ while holding the post of the president, the nation feels he should resign.”