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 Khalilur Rahman and State Minister for Foreign Affairs Humaiun Kobir.
Supreme Court lawyer Aslam Mia issued 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 requested an examination of the two ministers’ citizenship status, eligibility as Members of Parliament and their assumption of ministerial office in light of Articles 56, 66 and 148 of the Constitution, along with the Third Schedule.
Citing Article 66 of the Constitution, the notice stated that a Bangladeshi citizen aged 25 or above is eligible to be elected as a Member of Parliament. However, it noted that Article 66(2)(c) disqualifies a person who acquires citizenship of a foreign state or acknowledges allegiance to another country.
The notice called for scrutiny of their citizenship records and relevant government documents to determine whether either minister has held foreign citizenship, possessed a foreign passport, or made any declaration of allegiance to another state.
It also referred to Article 66(2A), which concerns Bangladeshi citizens by birth who later acquire foreign citizenship and subsequently renounce it. The authorities were asked to examine whether such circumstances apply to either minister and assess their current constitutional and legal status.
The notice further raised questions regarding the constitutional requirements for taking the oath of office.
Under Article 148, individuals appointed to offices mentioned in the Third Schedule must take the prescribed oath or make the required declaration before assuming office. The oath for ministers includes pledging true faith and allegiance to Bangladesh and promising to preserve, protect and defend the Constitution.
According to the notice, Khalilur Rahman took oath as foreign minister on 17 February, while Humaiun Kobir was appointed state minister for foreign affairs on 21 August.
The notice urged the authorities to verify whether their appointments and continuation in office comply with constitutional provisions.
It also requested examination of citizenship, passport, immigration and other relevant official records.
The notice stated that if any constitutional disqualification or legal inconsistency is found, necessary action should be taken in accordance with the Constitution and existing laws.
If no such issue is found, the authorities were asked to clarify the legal and constitutional basis for their appointments and continued service.
Aslam Mia requested a lawful and substantive response within seven days of receiving the notice.
The notice warned that if the matter is not addressed within the stipulated period, or if no effective action is taken, appropriate constitutional or judicial forums may be approached for legal remedies.
It clarified that the notice does not represent a final allegation, verdict or determination, but seeks a formal review of constitutional questions regarding the two ministers.
