President's statement on Hasina's resignation a lie, tantamount to oath violation: Asif Nazrul
"Question can be raised whether you [president] have the mental capacity to serve the duties of president," Asif Nazrul said.
President Mohammed Shahabuddin's remark that he does not have the resignation letter of former prime minister Sheikh Hasina is a "false" statement, said Law, Justice and Parliamentary Affairs Adviser Asif Nazrul today (21 October).
"The president has said that he did not receive former prime minister Sheikh Hasina's resignation letter. This is a false statement and it is tantamount to violation of his oath.
"Because, he himself said in his address to the nation at 11:20pm on 5 August, with three chiefs of armed forces behind him, that the former prime minister submitted her resignation letter to him and he [Shahabuddin] accepted it," Nazrul said in response to questions from journalists in his office at the secretariat this afternoon.
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The adviser continued, "After that, in line with Article 106 of the constitution, he [Shahabuddin] gave advisory jurisdiction and consulted the Appellate Division of the Supreme Court to seek guidance on the next steps.
"In view of this, the then chief justice of the Supreme Court and all the other judges together gave an opinion based on the president's reference. The first line of the opinion is, 'In the current situation of the country, since the prime minister has resigned…', then other things. This opinion was signed by all Appellate Division judges, including the then chief justice Obaidul Hasan."
Nazrul further said, "Then the law ministry sent a note to the President's Office based on the Appellate Division's opinion that an interim government can be formed since the prime minister has resigned and the president has dissolved the parliament. He [Shahabuddin] received, accepted and signed this opinion. Then he himself proceeded to form the interim government."
The president repeatedly assured the entire nation through one act after another, including his 5 August speech, that Hasina resigned as the prime minister and he accepted the resignation letter, said Nazrul.
After almost two and a half months, if the president says that the former prime minister did not submit her resignation, then it is a contradiction of his address to the nation and amounts to "misconduct", said the adviser.
"Question can be raised whether you [president] have the mental capacity to serve the duties of president," he added.
If the president sticks to his statement, the advisory council of the interim government will discuss whether he is qualified to remain the president and the next course of action in line with the constitution, he further said.
"The constitution of Bangladesh states that if you [president] do not have physical and mental capacity or if you have committed a serious misconduct, then there is an opportunity to take measures on whether you can remain president or not," the adviser said.
The law adviser's remarks and observations today came in response to media reports on President Shahabuddin's recent remark that he has no documentary proof of the resignation of Sheikh Hasina, who hastily fled and took refuge in India in the face of the student-led mass uprising on 5 August.
"I have heard that she has resigned. However, I do not have any documentary proof. Despite trying hard, I couldn't obtain it," Shahabuddin told Manab Zamin Chief Editor Matiur Rahman Chowdhury, who met the president to learn about the resignation letter.
"Perhaps she didn't get the time," said the president, as per a write-up on the conversation published in Manab Zamin's political magazine "Janatar Chokh" yesterday.
During the conversation, he also told the Manab Zamin chief editor that the secretary of the Cabinet came to collect a copy of the resignation letter one day when everything was under control.
"I told him I was also looking for it," he added.
President Shahabuddin, however, said there is no longer any debate about it. The prime minister has left, and that is the truth. "To prevent any further questions, I have also sought the opinion of the Supreme Court," he said.
On 8 August, the Appellate Division, led by then chief justice Obaidul Hasan, gave its opinion in response to a reference sent by the president. It stated that "an interim government could be formed to address the constitutional vacuum and to ensure the smooth operation of executive functions."
The Appellate Division also opined that the president could administer the oath of office to the interim government's chief adviser and advisory council.
