[🇧🇩] Should the president be removed for lying about Hasina's resignation

[Saif]

Date of Event: Oct 22, 2024

Source: https://www.thedailystar.net/news/bangladesh/news/presidents-comment-hasinas-resignation-lie-akin-oath-violation-asif-nazrul-3732791

President’s comment on Hasina’s resignation a lie, akin to oath violation: Asif Nazrul
Questioning his mental capacity, law adviser says advisory council may discuss whether he can continue as president

The president's recent statement that he did not receive former prime minister Sheikh Hasina's resignation letter is a lie, Law Adviser Asif Nazrul said today.

Nazrul called the statement "self-contradictory" and "akin to a violation of his oath".

He said this in a press conference called in response to President Mohammad Shahabuddin's interview with Manab Zamin Chief Editor Matiur Rahman Chowdhury, which was published in the daily's political magazine "Janatar Chokh" yesterday.

Nazrul made a statement that referred to the president's address to the nation on August 5, hours after Hasina fled the country in the face of a mass uprising.

The president had said in that speech that the former prime minister submitted her resignation letter to him and that he received it.

The law adviser also referred to the opinion sent by the Appellate Division of the Supreme Court, in response to a request made by the president in accordance with Article 106 of the constitution which gives advisory jurisdiction to the Supreme Court.

Asif Nazrul showed the reporters at the press conference the first line of the opinion, which read: "In the current situation of the country, as the prime minister has resigned…"

The adviser further stressed that the chief justice and judges of the Appellate Division had signed that opinion, and that the president saw the opinion, received it and signed it as well.

Asif Nazrul called into question the mental capacity of the president to continue his service.

"We know that the constitution says that if you don't have the physical or mental capacity, or if you commit a serious misconduct, then the constitution provides a scope to take steps about whether you can stay on as the president," he said.

"If you contradict something you have said yourself in front of the whole nation, then that is akin to misconduct. Then the question arises if he has the mental capacity to serve as the president. These questions may arise, he has created the scope for that."

He also said that if the president remains adamant about his statement, the advisory council of the interim government will discuss in a meeting whether Shahabuddin is qualified to remain in the position of president.

Asked if the government can produce the resignation letter and show it to the public, Asif Nazrul said, "If she resigned, she resigned to the president. It [resignation letter] is supposed to be at the president's office, and according to the constitution of Bangladesh, it cannot be questioned at any court. He [the president] himself said it was given to him, he received it ... now if he says it's not with him, then what he did with the resignation letter is something you will have to ask him."​

 

[Saif]

রাষ্ট্রপতি মিথ্যাচার করেছেন, শপথ লঙ্ঘনের শামিল: আসিফ নজরুল

 

[Saif]

Hasina’s resignation: ‘I have no documentary evidence’

"I tried [to collect the resignation letter] many times but failed. Maybe she did not get the time," President Mohammed Shahabuddin said.

www.thedailystar.net

Hasina’s resignation: ‘I have no documentary evidence’
President tells Manab Zamin chief editor

President Mohammed Shahabuddin has said he heard Sheikh Hasina had resigned as the prime minister, but he does not have any documentary evidence.

"I tried [to collect the resignation letter] many times but failed. Maybe she did not get the time," he added.

The president said these when Manab Zamin Chief Editor Matiur Rahman Chowdhury met him and wanted to know about ousted prime minister Sheikh Hasina's resignation letter.

The write-up that carries the conversation was published in the daily's political magazine "Janatar Chokh" yesterday.

Hasina left the country on August 5 following a student-led mass uprising.

According to section 57(a) of the constitution, the prime minister's office shall become vacant if he/she resigns from the office at any time by handing the resignation letter to the president.

During the conversation, the president said, "At 10:30am on August 5, the Bangabhaban had gotten a call from the prime minister's residence, saying the honourable prime minister would visit the Bangabhaban to call on His Excellency the President. Right afterwards, preparations began at the Bangabhaban. But within an hour, another call came saying she [Hasina] won't be coming."

There was news of unrest everywhere, he said.

"[At the time] I don't know what's going to happen. I can't sit around and depend on rumours. So, I asked Military Secretary General Adil to find out [what is happening]. He had no news either. We were waiting, even watching the television scrolls. There was no news anywhere.

"At one point, I heard she had left the country. She didn't tell me anything. I just told you [interviewer] whatever is true. Anyway, when Army Chief General Waker came to the Bangabhaban, I tried to know if the prime minister resigned. He gave me the same answer: 'I heard she resigned'. She perhaps did not get the time to let [us] know."

Shahabuddin added, "When things came under control, one day the cabinet secretary came to collect the copy of the resignation letter. I told him that I too am looking for it."

At one stage of the conversation with Matiur Rahman Chowdhury, the president said, "There is no room for debate in this regard anymore. The prime minister has left and that is the truth. Even then, just to ensure this question never arises again, I sought the Supreme Court's opinion on the matter."

In response to the reference sent by him, the Appellate Division of the SC, headed by the then chief justice Obaidul Hasan, gave its opinion on August 8.

It said an interim government may be formed to remove the constitutional vacuum and to ensure smooth operations of the executive, and also the president is allowed to swear in a chief adviser and other advisers of the interim government.​

 

[Saif]

আমার কাছে শেখ হাসিনার পদত্যাগের কোনো দালিলিক প্রমাণ নেই: রাষ্ট্রপতি

 

[Saif]

Controversy arises over Hasina’s resignation

Further controversy arises over the resignation of deposed prime minister Sheikh Hasina as president Mohammed Shahabuddin in an interview with a Bangla daily has claimed...

www.newagebd.net

Controversy arises over Hasina’s resignation
Staff Correspondent 22 October, 2024, 00:08

Sheikh Hasina. | File photo

Further controversy arises over the resignation of deposed prime minister Sheikh Hasina as president Mohammed Shahabuddin in an interview with a Bangla daily has claimed that he did not receive any resignation letter from her.

Mohammed Shahabuddin in an interview with Manab Zamin chief editor Matiur Rahman Chowdhury, published in the daily’s political magazine ‘Janatar Chokh’ on Sunday, said that he heard Sheikh Hasina had resigned as the prime minister.

‘I tried [to collect the resignation letter] many times but failed. Maybe she did not get the time,’ the president was quoted to have said in the interview.

President Mohammed Shahabuddin on Monday urged all to refrain from destabilising or embarrassing the interim government centring on ‘media publicity’ by quoting him regarding the resignation of former prime minister Sheikh Hasina, said a release from the president’s press wing.

‘The clear statement from the president is that all the questions that have arisen in the public mind regarding the resignation and departure from the country of the prime minister in the face of the student-people uprising, the dissolution of the parliament, and the constitutional validity of the incumbent interim government are answered in the order of the Appellate Division of the Supreme Court in the Special Reference No-01/2024, dated August 8, 2024,’ said the release.

Invoking the Article 106 of the constitution, the Appellate Division gave this opinion as the president sought the opinion of the Appellate Division of the Supreme Court on August 8, 2024, it mentioned

Law, justice and parliamentary affairs adviser Asif Nazrul on Monday said that president Shahabuddin had made self-contradictory statement by saying he did not get the resignation letter of the ousted prime minister Sheikh Hasina, who fled to India on August 5 amid a student-led mass uprising.

Terming the president’s statement as a lie, he said it amounted to misconduct and violation of his oath.

‘The president himself in his address to the nation in presence of the chiefs of the three forces at 11:20pm on August 5 said that the former prime minister had tendered her resignation letter to him and he accepted it. So by saying he doesn’t have the resignation letter of former prime minister Sheikh Hasina, the president has made a self-contradictory statement,’ the law adviser said while talking to reporters over the matter at his office at the Secretariat.

He said that the president himself asked for the Supreme Court’s opinion applying its advisory jurisdiction as per Article 106 of the constitution to determine the next course of action of the state in the situation that arose on August 5.

Questioning the president’s mental capacity to continue as the head of the state, Asif Nazrul said, ‘We know that the constitution says that if you don’t have the physical or mental capacity, or if you commit a serious misconduct, the constitution provides a scope to take steps.’

Referring to the president’s interview with the Manabzamin editor, the adviser said that the president contradicted what he had said himself while addressing the nation.

‘This amounts to misconduct and then the question arises if he has the mental capacity to serve as the president,’ he added.

The law adviser further said that the Supreme Court’s reference bore signatures of all the Appellate Division judges, including then chief justice Obaidul Hassan.

About the matter, interim government adviser for labour and employment Asif Mahmud Shojib Bhuyain told New Age at his office that Sheikh Hasina informed the president on telephone that she had resigned.

‘She resigned verbally as prime minister. As the president was informed of her resignation, he dissolved the parliament and formed the interim government after securing the Appellate Division’s opinion. So this would not create any crisis,’ said Asif, a representative from the protesting students in the council of advisers led by Professor Muhammad Yunus.

Immediately after Sheikh Hasina had fled the country on August 5, Bangladesh Army chief Waker-Uz-Zaman said that an interim government would be formed as prime minister Sheikh Hasina had resigned from her post.

An interim government led by Muhammad Yunus took office on August 8.

No official gazette notification has yet been published about Hasina’s resignation as prime minister.

On August 10, in an exclusive interview with international news agency Reuters, Sajeeb Wazed, Hasina’s adviser and only son, claimed that his mother did not resign from her position before leaving for India.

He said that as protesters started marching towards Ganabhaban, the official residence of the prime minister, Hasina had to flee without any delay.

‘She had planned to make a statement and submit her resignation. But then the protesters started marching towards the prime minister’s residence. And there was no time. My mother wasn’t even packed. As far as the constitution goes, she is still the prime minister of Bangladesh,’ Sajeeb said.

The remarks of Sajeeb triggered some debates.

A day after Sheikh Hasina’s fall, president Mohammed Shahabuddin on August 6 dissolved the 12th parliament formed through the controversial general election held on January 7, paving the way to form an interim government.

Processions and rallies were brought out in different places in the capital and outside on Monday evening.​

 

[Saif]

https://thefinancialexpress.com.bd/national/presidents-remark-irks-interim-govt

Hasina resignation riddles
President's remark irks interim govt
He retracts, forbids creating controversy over 'settled issue'
GULAM RABBANI
Published :
Oct 22, 2024 00:24
Updated :
Oct 22, 2024 00:24

President Shahabuddin's remark that there is no documentary evidence of deposed Prime Minister Sheikh Hasina's resignation triggered tempests in the interim administration and social media, calling in question his presidency.

Law Adviser of the post-uprising interim government Prof Asif Nazrul and other legal experts termed the President's speech "self-contradictory" and superfluous.

Legal experts further noted that ultimately Sheikh Hasina fled the country in the face of a mass uprising and the President dissolved parliament consequently. So her resignation doesn't matter after her runaway, they opined about what implies forfeiture of one's position through dereliction of station.

Meanwhile, in a retraction, the President urged all not to create any new controversy on the "settled issue" of former Prime Minister's resignation. He called on all to refrain from "destabilizing or embarrassing" the interim government by creating any controversy.

This call from the top seat of the state was made through a notification sent Monday by the President's office.

In an interview published in a Bengali newspaper President Mohammed Shahabuddin said, "I heard that she (Sheikh Hasina) resigned. But I don't have any documentary evidence."

At one point of the interview, the President said, "There is no more debate about this. It is true that the Prime Minister has left. Still, I have taken the opinion of the Supreme Court so that this question never arises."

However, the President, in his speech addressed to the nation on August 5 this year after Sheikh Hasina's exit, acknowledged that Sheikh Hasina resigned from the post of Prime Minister and he received the resignation letter.

The President also mentioned the matter in a letter sent to the Supreme Court for asking its opinion over the legality of giving oath to the interim government.

However, in the interview with the Manab Zamin Chief Editor he denied having received the resignation letter, thus opening Pandora's box.

In a strongly worded reaction Law Adviser Asif Nazrul said the president's statement, that he did not receive former Prime Minister Sheikh Hasina's resignation letter, is a "lie".

At a press conference called for response to President Mohammed Shahabuddin's interview, Mr Nazrul further said the President's statement is "self-contradictory" and "tantamount to a violation of his oath".

He also said if the president sticks to his statement, the advisory council of the interim government will discuss in a meeting whether Shahabuddin is qualified to remain in the position of President.

Nazrul made a statement that referred to the president's address to the nation on August 5, hours after Hasina fled the country in the face of a student-mass uprising.

The president had said in that speech that the former prime minister submitted her resignation letter to him and that he received it.

The law adviser also cited the opinion sent by the Appellate Division of the Supreme Court, in response to a request made by the president in accordance with Article 106 of the constitution which gives advisory jurisdiction to the Supreme Court.

Asif Nazrul showed the reporters at the press conference the first line of the opinion, which reads: "In the current situation of the country, as the prime minister has resigned…"

The adviser further argued that the chief justice and judges of the Appellate Division had signed on that opinion and that the president saw the opinion, received and signed it as well.

On a far serious note, the law professor-turned functionary in charge of law ministry called in question the mental capacity of the president to continue in his service.

"We know that the constitution says that if you don't have the physical or mental capacity, or if you commit a serious misconduct, then the constitution provides a scope to take steps about whether you can stay on as the president," he said.

"If you contradict something you have said yourself in front of the whole nation, then that is akin to misconduct. Then the question arises if he has the mental capacity to serve as the president. These questions may arise as he has created the scope for that."

Former President of the Supreme Court Bar Association (SCBA) Advocate Zainul Abedin said, "A president is the chief of a state. People don't expect that he will lie. President's statement over Hasina's resignation is intentional and not true. He should tell the truth to the nation that she (Hasina) resigned and the person (Army Chief) who received the resignation letter is still alive. He never said that he didn't receive this."

The lawyer further argued that the people have no confusion that Hasina resigned. "As the President could not stand by his statement given on August 5, he should leave his chair."

Another Supreme Court lawyer, Barrister Jyotirmoy Barua, thinks questioning whether the former prime minister resigned or not is "totally irrelevant now… Ultimately prime minister fled the country. Consequently the President dissolved the Parliament exercising his jurisdiction. How a prime minister remains when there is no parliament. After dissolving the parliament, there is not existence of prime minister's post."

Absence of resignation letter of the ousted prime minister may have a different meaning. "The process was not normal. She fled the country in the face of a mass uprising and handed over power to the Army Chief. So the Army Chief may have an answer of it, instead of the President. There was a possibility of having bloodshed. To avoid that bloodshed they may take some measures."

It will not create any constitutional vacuum in the country, the lawyer opines.

President's office notification further said, "Confusion has been created in peoples' mind over the news published in different media quoting President's comment over former prime minister's resignation.

"The President's clear statement in this regard is that questions raised in people's mind over Sheikh Hasina's resignation and leaving the country in the face of the student mass-revolution, the dissolution of parliament and the constitutional validity of the current interim government have been answered in the order of the Appellate Division."​

 

[Saif]

President calls for not to create controversy on settled issue

President Mohammed Shahabuddin on Monday called for not to create any new controversy on the settled issue centring the resignation of former prime minister Sheikh Hasina.

en.prothomalo.com

President calls for not to create controversy on settled issue
Staff Correspondent
Dhaka
Updated: 21 Oct 2024, 22: 08

President Mohammed Shahabuddin BSS

President Mohammed Shahabuddin on Monday called for not to create any new controversy on the settled issue centring the resignation of former prime minister Sheikh Hasina.

He also called all to refrain from destabilising or embarrassing the interim government by raising any controversy.

This was said in a press statement issued by the Office of the President on Monday.

It said various media quoted the president in their reports on the resignation of former prime minister Sheikh Hasina, and that arose controversy among people.

The president clarifies that answers to all types of questions among people on resignation of Sheikh Hasina and her leaving the country in the face of student-people mass uprising, dissolution of parliament and constitutional legitimacy have been reflected in the Appellate Division’s order, the press statement added.

The president sought the opinions of the Appellate Division of the Supreme Court as per article 106 of the constitution.

The Appellate Division gave the opinion that the interim government can be formed and advisors can be sworn in. Later, the advisers led by Dr Muhammad Yunus took the oath of their office on 8 August.

Prior to this, a student-people movement ousted the Awami League government and Sheikh Hasina fled to India on 5 August.

In a report, Manabzamin editor Matiur Rahman Chowdhury quoted president Mohammed Shahabuddin as saying he had heard Sheikh Hasina resigned from the post of prime minister, but he had no documentary evidence.

Replying to queries from the newspersons on this matter at his secretariat office on Monday, law, justice and parliamentary affairs adviser Asif Nazrul said the statement of president Mohammed Shahabuddin about the resignation letter of ousted prime minister Sheikh Hasina in the student-people movement is a “lie.”

He said, “The president said that he did not receive the resignation letter of former prime minister Sheikh Hasina. This is a lie and akin to violating his oath of office. This is because he himself, with the chiefs of the three services behind him, in his address to the nation at 11:20 pm on 5 August said the former prime minister submitted her resignation letter to him and he received the letter.”

The advisers of the interim government may discuss whether he has the capacity to remain as the president if sticks to his statement, he added.​

 

[Saif]

Protesters clash with law enforcers in front of Bangabhaban; 5 hurt as police detonate stun grenade

A group of protesters attempted to break through the security barricade in front of Bangabhaban around 8:30pm

www.thedailystar.net

Protesters clash with law enforcers in front of Bangabhaban; 5 hurt as police detonate stun grenade

Photo: Prabir Das

Protesters clashed with police and chased the law enforcers away while demonstrating in front of the Bangabhaban in Dhaka tonight.

The protesters were demanding resignation of President Mohammed Shahabuddin over his recent remarks about former prime minister Sheikh Hasina's resignation.

Five people, including two journalists, suffered minor injuries as police detonated a stun grenade around 8:30pm when the demonstrators tried to break through the barrier in front of the president's official residence, witnesses and the injured said.

Police also charge batons on protesters and fired a tear gas canister to disperse them, injuring at least one protester, witnesses said.

Photo: Prabir Das

The injured were taken to Dhaka Medical College Hospital where they received primary treatment.

Protesters chased police away after the law enforcers detonated the stun grenade.

Around 10:45pm, when this report was filed, there were a few hundred protesters at the spot. Army personnel were standing in front of the barricade, but there was no police presence.

Around 10:00pm, another team of police went to the spot, but the protesters chased them away, throwing brick chunks at the law enforcers and attacking them with sticks.

Photo: Prabir Das

Md Faruk, in-charge of the DMCH police outpost, said quoting doctors, "Five people who were injured in front of the Bangabhaban were brought here for treatment. Three of them had leg injuries, and two had ear injuries resulting from the sound [from the stun grenade]. They received primary treatment at the emergency department."

The injured are: Shyampur Bahumukhi High School and College student Faisal Ahmed Bishal, 24, hawker Shafiqul Islam, 45, Barta24 staff reporter Raju Ahmed, 25, video journalist Ripon Reza, 28, and Comilla Victoria College student Arif Khan, 20.

Journalist Raju Ahmed said protesters tried to break through the barricade in front of the Bangabhaban, and that is when police detonated the stun grenade. He said he suffered ear injuries.

Protesters blocked Gulistan road near the Bangabhaban from this evening.

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