[🇧🇩] 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.

​

 

[Saif]

Protesters in Dhaka, Barishal demand president’s resignation

Several groups of protesters today staged demonstrations in Dhaka and Barishal, demanding the resignation of President Mohammed Shahabuddin over his comment regarding the resignation of former prime minister Sheikh Hasina amid a student-led mass uprising on August 5

www.thedailystar.net

Protesters in Dhaka, Barishal demand president’s resignation

The photo was taken from Barishal city today ( October 22, 2024). Photo: Titu Das

Several groups of protesters today staged demonstrations in Dhaka and Barishal, demanding the resignation of President Mohammed Shahabuddin over his comment regarding the resignation of former prime minister Sheikh Hasina amid a student-led mass uprising on August 5.

Some of the protesters said they would continue their protest until the president stepped down.

A group of around 15 persons gathered near Bangabhaban around midday and chanted slogans demanding the president's resignation.

Photo: Palash Khan/Star

Saied Ahmed Sarker, one of the protesters said they started holding a sit-in-programme to press home their demands, including the resignation of the president and, the ban of Awami League and Chhatra League.

Meanwhile, under the banner of "Anti-discrimination Doctors and Students Council", protesters formed a human chain in front of the Central Shaheed Minar this afternoon with the same demands.

Photo: Palash Khan/Star

The protesters at the programme said the president made self-contradictory comments over the resignation of Sheikh Hasina in separate instances so he lost the moral ground to remain as the president.

In Barishal, the students of various schools, colleges and Barisal University protested over the same issue, reports our correspondent.

As per media reports, President Mohammed Shahabuddin has said he heard Sheikh Hasina had resigned as the prime minister on August 5, 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," the president said when Manab Zamin Chief Editor Matiur Rahman Chowdhury met him and wanted to know about Hasina's resignation letter.

He clarified later in the interview that there is no scope to start a debate over this.

"It is true that the [former] prime minister has left. Still, to ensure that no questions can arise, I took the opinion of the Supreme Court," he said.

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

Sheikh Hasina fled to India on August 5 amid a mass student protest that started in early July. The president during his address to the nation on August 5 said he received Shiekh Hasina's resignation letter.

In Rangpur city, students from various educational institutions staged a protest rally last night on the same grounds.

Around 10:45pm, the protesters under the banner of Anti-Discrimination Student Movement gathered in front of the main gate of Begum Rokeya University and started demonstrating, reports our Dinajpur correspondent.

Later, they also marched through Park-er Mor, Chawkbazar, Sardarpara, and Shaheed Abu Sayed Square before ending in front of the university's main gate. Then, a protest rally was held there.​

 

[Saif]

Interim govt shares Asif Nazrul's view that president 'lied' about Hasina's resignation

Says chief adviser's deputy press secy; currently no move to remove Shahabuddin

www.thedailystar.net

Interim govt shares Asif Nazrul's view that president 'lied' about Hasina's resignation
Says chief adviser's deputy press secy; currently no move to remove Shahabuddin

The interim government shares Law Adviser Asif Nazrul's opinion that President Mohammed Shahabuddin "lied" regarding former prime minister Sheikh Hasina's resignation letter, and that it was akin to misconduct.

The chief adviser's Deputy Press Secretary Apurba Jahangir said this while briefing reporters at the Foreign Service Academy this evening, but also said that "currently there is no move to remove the president from his position".

Shahabuddin made some remarks about immediate past prime minister Hasina's resignation in an interview with Manab Zamin Chief Editor Matiur Rahman Chowdhury, that was published in the daily's political magazine "Janatar Chokh" on Sunday.

The article quoted the president as saying that he heard that Hasina had resigned, but did not have any documentary evidence.

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

In response to the president's claims, the law adviser yesterday termed the president's remarks a lie.

He said the president's comments in this regard was akin to misconduct and if he stuck to his guns, the government should reconsider his position.

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

Nazrul was referring 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 [interim] government agrees with what Law Adviser Asif Nazrul said," Apurba Jahangir said in today's press conference.​

 

[Saif]

Chief justice holds meeting with Asif Nazrul, Nahid

Meeting held at a time when debate and speculations are swirling over president's recent remarks on Hasina's resignation

www.thedailystar.net

Chief justice holds meeting with Asif Nazrul, Nahid

Law Adviser Asif Nazrul (left) and Information Adviser Nahid Islam. File photo

Two advisers of the interim government held a closed-door meeting with Chief Justice Syed Refaat Ahmed at the latter's Supreme Court office this afternoon.

Law Adviser Asif Nazrul and Information Adviser Nahid Islam held a half-hour meeting with the chief justice around 2:00pm, SC sources said.

Aziz Ahmed Bhuiyan, SC registrar general, confirmed the development to The Daily Star.

He however did not know what was discussed in the meeting.

The meeting was held at a time when debate and speculations are swirling over President Mohammed Shahabuddin's recent remarks on former prime minister Sheikh Hasina's resignation.

He made the remarks in a recent interview with Manab Zamin Chief Editor Matiur Rahman Chowdhury, which was published in the daily's political magazine "Janatar Chokh" on Sunday.

The article quoted the president as saying that he heard that Hasina had resigned, but did not have any documentary evidence.

In response to the president's claims, the law adviser yesterday termed the president's remarks a lie.

He said the president's comments in this regard was akin to misconduct and if he stuck to his guns, the government should reconsider his position.

After the chief justice's meeting with the advisers, the inspector general of police, director general of Rapid Action Battalion and commissioner of Dhaka Metropolitan Police made a courtesy call on the chief justice at his SC office around 3:30pm. The meeting was prescheduled, SC sources said.​

 

[Saif]

Abolish constitution, remove president: Anti-Discrimination Student Movement issues ultimatum

Will return to streets in full force if demands not met by end of week, says coordinator

www.thedailystar.net

Abolish constitution, remove president: Anti-Discrimination Student Movement issues ultimatum
Will return to streets in full force if demands not met by end of week, says coordinator

Hasnat Abdullah

The Anti-Discrimination Student Movement today issued an ultimatum to the government, demanding the fulfilment of five key demands, including the removal of President Mohammed Shahabuddin and the abolition of the 1972 constitution by the end of this week.

At a gathering held at the capital's Central Shaheed Minar, Hasnat Abdullah, a coordinator of the platform, outlined the demands, calling for the banning of the Chhatra League and declaring a "Proclamation of the Republic" to rebuild a post-2024 Bangladesh in consultation with democratic and functioning political parties.

He said the authority must abolish the 1972 constitution immediately, stating that a new one must be drafted to reflect the spirit of the 2024 people's uprising.

Additionally, Hasnat said the three national elections -- held in 2014, 2018, and 2024 -- must be declared illegal.

He also demanded the confiscation of assets of those who served as MPs during this period and asked for legal measures to bar them from participating in future elections in the reformed Bangladesh.

He said the Chhatra League should be identified as a "terrorist organisation" and permanently banned. "If the government fails to meet the demands by this week, we will return to the streets with full force," Hasnat warned.

He said the revolution would only be complete when all democratic political parties -- whether BNP, Jamaat, right-wing, left-wing, or otherwise -- are allowed to function freely to safeguard the future of Bangladesh.

Attending the gathering, Nasir Uddin Patwary, convener of the Jatiya Nagorik Committee, said, "We don't want any part of the fascist government to remain in the country. The president was part of the group that opened fire on students and the general public. We too demand his resignation."​

 

[Saif]

A controversy we didn’t need

The recent statement by President Mohammed Shahabuddin regarding the resignation letter of ousted prime minister Sheikh Hasina has sparked a controversy that should not have occurred at all. On October 19, during a conversation with the editor-in-chief of daily Manab Zamin, the president said...

www.thedailystar.net

A controversy we didn’t need
President’s contradictory remarks raised questions

Visual: Star

The recent statement by President Mohammed Shahabuddin regarding the resignation letter of ousted prime minister Sheikh Hasina has sparked a controversy that should not have occurred at all. On October 19, during a conversation with the editor-in-chief of daily Manab Zamin, the president said that he had heard about Hasina's resignation but had no documentary evidence. This directly contradicts his address to the nation on August 5, where he said the former prime minister had submitted her resignation to him, and he had accepted it.

Did the president not grasp the gravity of the confusion he created through his contradictory statement? Did he not consider that his statement would raise concerns that are far more consequential? As far as we see it, the issue of the former prime minister's resignation is a settled matter. Thus, the president's decision to make the statement that touched off such a controversy was unwise. And it also raises questions about whether the president has taken his role seriously enough.

Following widespread criticism, the Bangabhaban issued a statement saying that the former PM's resignation was a settled matter, and that no one should stir a debate out of it. The point is, it is the president himself who created the controversy. He should have been far more circumspect about his remarks, instead of being so casual about it, particularly given the weight and responsibility of his office.

On the other hand, the law adviser reacted to the president's statement and went public, saying to the press that the president committed serious misconduct. He questioned his mental capacity, and literally accused him of indulging in falsehood. He also stated that he would go to the cabinet to discuss the president's actions. We believe, however, that there should have been a formal statement from the Chief Adviser's Office instead of advisers going public about it individually. This would have helped avert confusion and chaos, which the country can ill-afford right now. Therefore, when it comes to such important matters, the government should speak collectively -- which it did later on -- rather than have advisers speak individually.​

 

[Saif]

No move to remove president: govt

The interim government has taken no initiative to remove the president, Mohammed Shahabuddin, for his recent remarks that he has no documentary evidence of the resignation of the ousted...

www.newagebd.net

No move to remove president: govt
Staff Correspondent 23 October, 2024, 00:51

President Mohammed Shahabuddin. | File photo

The interim government has taken no initiative to remove the president, Mohammed Shahabuddin, for his recent remarks that he has no documentary evidence of the resignation of the ousted prime minister, Sheikh Hasina.

‘There is no initiative of the government to remove the president. So, there was no discussion in the government about the legal way of his (president) removal,’ chief advisor’s deputy press secretary Abul Kalam Azad Majumder said at a press conference at the Foreign Service Academy in Dhaka.

The media briefing was organised following a meeting of the advisory council at the state guest house Jamuna, the residence of chief adviser Muhammad Yunus.

Replying to a question, the chief adviser’s other DPS, Apurba Jahangir, said that Monday’s remark of law adviser Asif Nazrul on president’s remarks was the government’s statement in this regard.

Asif Nazrul on Monday said that President Mohammed Shahabuddin had made a self-contradictory statement while saying that he did not have the resignation letter of ousted prime minister Sheikh Hasina.

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

However, in a special interview with Manab Zamin editor Matiur Rahman Chowdhury on October 19, President Shahabuddin said that he did not have ‘any documentary evidence’ of the former prime minister’s resignation.

Later on Monday, Shahabuddin 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.​

 

[Saif]

President seems on brink as student change-makers demand his exit

Two students were injured as security forces fired gunshots at protesters trying to break through the barricades on Tuesday night in front of President Mohammed Shahabuddin's official residence Bangabhaban, demanding his resignation. Another person was injured as police blasted sound grenades to

thefinancialexpress.com.bd

Fallout from double talk about Hasina resignation
President seems on brink as student change-makers demand his exit
Three injured as security forces fire gunshots, sound grenades
FE REPORT
Published :
Oct 23, 2024 02:03
Updated :
Oct 23, 2024 02:03

Demonstrators try to break through barricades near Bangabhaban in the city on Tuesday night during their protest, demanding resignation of President Mohammed Shahabuddin. — FE photo

Two students were injured as security forces fired gunshots at protesters trying to break through the barricades on Tuesday night in front of President Mohammed Shahabuddin's official residence Bangabhaban, demanding his resignation.

Another person was injured as police blasted sound grenades to disperse them. The police action irked the protesting students and later army men brought the situation under control and restored the barricade.

Inspector Md Faruk, in-charge of the police camp at Dhaka Medical College Hospital (DMCH), confirmed the casualty report.

The two persons injured in gunshots were identified as Faisal Ahmed Bishal, 24, and Shafiqul Islam, 45. The other injured person was identified as Arif, 20.

They were undergoing treatment at the DMCH, Faruk said.

The protesters attempted to break through the security barricade in front of Bangabhaban in Dhaka around 8:30 pm. Then members of the army and police intervened to stop them.

Demand for President Mohammed Shahabuddin's resignation got stronger following his reported double talk about the 'resignation letter' of deposed Prime Minister Sheikh Hasina, as student change-makers ringed his palace.

Several groups of protesters Tuesday staged demonstrations in Dhaka and some other parts of the country to demand his resignation forthwith.

The leaders of the Anti-Discrimination Student Movement announced a five-point ultimatum, including resignation of the incumbent President. They also announced that if these demands were not met by Thursday, they will occupy the streets again.

Coordinator Hasnat Abdullah announced these demands during a mass rally at the Central Shaheed Minar in the capital, calling for "the resignation of President Shahabuddin and the banning of the student organization Chhatra League as a terrorist group".

Students and members of the public gathered from various parts of the capital for the mass rally. The Dhaka Metropolitan branch of the National Citizens' Committee joined the rally with the same demands. The rally over, the event concluded in front of the Raju Sculpture at Dhaka University with a procession from the Central Shaheed Minar.

The five-point demands are (1) abolition of the current constitution which is based on '72 constitution and rewrite of a new one in the context of the 2024 uprising (2) permanently banning Chhatra League as a terrorist outfit within this week (3) resignation of President Shahabuddin within this week (4) "Proclamation of the Republic" within this week on the spirit of the July Revolution and Bangladesh has to be operated based on that proclamation on consensus of all the active pro-democratic political parties (5) the elections held in 2014, 2018 and 2024 (10th, 11th, and 12th parliamentary elections) must be declared illegal.

They said the wealth of those elected in these elections must be confiscated, and legal measures must be taken to ensure that they can never participate in any future elections in Bangladesh.

Hasnat further said all fascist organizations, including Chhatra League, Juba League, and Awami League, as well as cultural organizations and media influenced by 'Mujibism', must be permanently eradicated from Bangladesh.

He referred to a decision made after Chhatra League and Juba League's attacks on students on July 17, asserting that there would be no room in Bangladesh for "terrorist organizations and their leader, Sheikh Hasina".

Addressing online-active Chhatra League members, Hasnat said, "What fear will you instill in us? We fought against the police and removed you from the land of Bengal. Your 'Mother of Terror,' Sheikh Hasina, has fled the country. She will be dragged back to Bangladesh for trial."

Nasir Uddin Patwari, convener of the Jatiya Nagorik Committee, said if the 1972 BAKSAL constitution is not annulled and a new constitution not implemented in consultation with political parties within this month, the Nagorik committee will build an unstoppable movement along with its stakeholders. He also demanded that those involved in enforced disappearances and murders under the Awami League rule be brought to justice.

Coordinator Sarjis Alam said, "On August 5, Shahabuddin said Sheikh Hasina's resignation letter had been submitted. But now, in what state of mind he is saying he did not have the letter? Just as Sheikh Hasina fled, Shahabuddin will also have to flee. If any fascist dares to emerge from hiding, the united student body will resist them."

Coordinator Abu Bakar Majumdar said, "Mujibism is the root ideology of fascism. Chhatra League was the vanguard in establishing fascism. Even during Sheikh Hasina's time, they continued these terrorist activities. Over the past 15 years, they had created an unstable situation in Bangladesh, causing the disappearance of thousands of people. This fascism began with Chhatra League, so they must be banned."

He added, "We pledged to abolish fascism and create a new political order, but the fascist Shahabuddin, appointed under this system, is still in power."

Coordinator Arif Sohel said the 1972 constitution was not made with public opinion. "Shahabuddin is holding on to power by protecting this 1972 constitution. He must resign."

Meanwhile, in the afternoon, hundreds of people under different banners held protest rally in front of Bangabhaban (President house) to press for his resignation. The protesters there at 5.00 pm closed the roads adjacent to the Bangabhaban and chanted slogans against him.

A student group under the banner 'Inqilab Monch', persons injured in the July-August mass uprising under the banner of 'Roktim July-24', a section of people under the banner '36 July Parishad' and other people under the banner of 'Ziaur Rahman Social Welfare Parishad' and 'Anti-Fascist Student-People Forum' staged demonstrations blockading the Bangabhaban.

The protesters said President Mohammed Shahabuddin violated his oath and now he lost the eligibility to hold the post of President. They gave an ultimatum for his resignation within 24 hours.

One of the protesters said they started holding a sit-in to press home their demands, including the resignation of the president and, the ban of Awami League and Chhatra League.

In Barishal, students of various schools, colleges and Barisal University staged protests over the same issue, according to media reports.

In Rangpur city, students from various educational institutions staged a protest rally on Monday night on the same grounds.

Around 10:45 pm, the protesters under the banner of Anti-Discrimination Student Movement gathered in front of the main gate of Begum Rokeya University and started demonstrating.

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 after Sheikh Hasina's fleeing, acknowledged that she 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 asking its opinion over the legality of giving the oath to the interim government.​

 

[Saif]

The plot thickens over calls for the president to quit

The BNP and the Anti-Discrimination Student Movement seem to be at odds over the removal of President Mohammed Shahabuddin.

www.thedailystar.net

The plot thickens over calls for the president to quit

President Mohammed Shahabuddin

The BNP and the Anti-Discrimination Student Movement seem to be at odds over the removal of President Mohammed Shahabuddin.

The interim government, meantime, has yet to clarify its stance on the issue.

After a meeting between a BNP delegation and Chief Adviser Prof Mohammad Yunus around noon yesterday, the party said vacancy in the president's post at this moment would put "the state in a crisis and create a constitutional vacuum", which the nation does not desire.

Briefing reporters outside the state guesthouse Jamuna, BNP standing committee member Nazrul Islam Khan, said his party had urged the government to make sure there was no constitutional vacuum or crisis.

"If the lackeys of the fallen autocrat try to create any constitutional and political crisis, the pro-democracy political parties and different organisations will face it together," Nazrul said, urging everyone to be cautious so that a new constitutional or political crisis is not created.

Law Adviser Asif Nazrul and special assistant to the chief adviser Mahfuj Alam were present at the meeting.

Queried by journalists about the BNP's opinion regarding the demand for the president's resignation, Asif Nazrul said, "Nothing specific. We have said everyone should be careful so that no new constitutional or political crisis is created. If anyone wants to do that, we will face it together."

Nazrul Islam Khan, along with BNP standing committee members Amir Khasru Mahmud and Salahuddin Ahmed, represented the BNP at the meeting.

Later, at the BNP chairperson's office in Gulshan, Salahuddin told reporters, "The presidency is the highest constitutional position, and it is also an institution. If this position becomes vacant due to resignation or removal, it will create a constitutional and national crisis."

Meanwhile, the Anti-Discrimination Student Movement and the Jatiya Nagorik Committee at a press briefing yesterday evening called for national unity for scrapping of the 1972 constitution and removal of the president.

Protesters gather outside the Bangabhaban yesterday afternoon to stage a demo demanding the resignation of President Mohammed Shahabuddin. Photo: Palash Khan

At the presser, Hasnat Abdullah, convener of the four-member committee of the movement, urged all parties, except the Awami League, pro-AL student body Chhatra League, and the Jatiya Party, to respond to the call for national unity.

He said, "If any party does not join us in the call for the repeal of the 1972 constitution and the president's resignation, we will boycott them. We will not accept the 1972 constitution, as its existence prolongs the political crisis.

"This constitution has always established and reinforced a fascist structure. Sheikh Hasina has always said that 'we must maintain constitutional continuity'. Whenever she was asked to resign or hold discussions about a caretaker or neutral government, she would readily refer to the need to uphold this constitution," he said.

"Our demand is for President Shahabuddin to resign. However, we do not want this type of movement to escalate. We have already communicated with the protesters near the Bangabhaban. I urge those involved to trust the Anti-Discrimination Student Movement. We will lead collectively and face all conspiracies through our activism."

Nasir Uddin Patwari, a member of the Jatiya Nagorik Committee, said, "We are engaging with the political elite but do not seek roundtable discussions. We believe in addressing issues on the streets. Sheikh Hasina has evaded accountability on the streets, and it is there that decisions will be made."

Meanwhile, Information Adviser Nahid Islam stressed the need for political consensus and national unity, rather than following legal or constitutional procedures for any decision regarding the president.

"The interim government is consulting with all stakeholders, and a decision may be forthcoming … ," he told reporters at the Secretariat.

"Whether the president will remain in office is currently not a legal or constitutional question. It is a political decision. To make the decision [on the president], we are prioritising stability, security, and discipline in the state," Nahid said.

The adviser called upon the protesters not to stage demonstrations as the government has received their message.

Chief Adviser's Press Secretary Shafiqul Alam said the government has not made any decision regarding the removal of the president from office.

"We will inform you of any development regarding the matter," he told reporters after the meeting with the BNP.

The debate regarding the removal of the president started after daily Manab Zamin's political magazine "Janatar Chokh" on Sunday published an article containing the president's remarks that he heard Sheikh Hasina had resigned as the prime minister, but he did not have any documentary evidence.

"I tried [to collect the resignation letter] many times but failed. Maybe she did not have the time," he was quoted as saying.

The next day, Law Adviser Asif Nazrul said the president lied, and it was akin to misconduct. He questioned the president's mental capacity to serve.

Later, student bodies, including the Anti-Discrimination Student Movement, demanded the removal of the president.

On Tuesday, several hundred protesters under the banners Raktim July 2024 and Shadhinota-Sharbobhoumotto Rokkha Committee attempted to break through the security barriers in front of the Bangabhaban.

A robust four-layer security measure has been established at the Bangabhaban. But demonstrators have made sporadic attempts to gather near the president's official residence.​

 

[Saif]

Will form revolutionary govt if needed

Says Chhatra Odhikar Parishad

www.thedailystar.net

Will form revolutionary govt if needed
Says Chhatra Odhikar Parishad

Photo: Sirajul Islam Rubel

Demanding the immediate resignation of President Mohammed Shahabuddin, Bangladesh Chhatra Odhikar Parishad President Bin Yamin Mollah today said they will form a revolutionary government if necessary.

He made the comment at a press conference at the Madhur Canteen in Dhaka University.

"Students and people have no trust in Mohammad Shahabuddin as he made the controversial comment on Shiekh Hasina's resignation. We want to give a two-day ultimatum to the president to resign from his post. After his resignation, if necessary, we will form a revolutionary government," said Bin Yamin Mollah.

Chhatra Odhikar Parishad held the press conference demanding the resignation of the president and the banning of Awami League and its associate organisations.

They arranged the emergency press conference after a video clip was posted on social media today.

In the video, a group of alleged Chhatra League leaders were seen gathering in front of Madhur Canteen, wrapping up their faces with black clothes, and chanting slogans in favour of AL.

Addressing the interim government, Mollah said, "We have been demanding the ban of Awami League and its associate organisations, as they were involved in terror activities in the past 16 years."

"However, the interim government did not take steps in this regard. So the question arises -- do they want to rehabilitate the Awami League? We will not let it happen," he added.​

 

[Saif]

Bangladesh protesters call for political consensus on president's removal

Student Movement Against Discrimination and Jatiya Nagarik Committee on Wednesday jointly called for national unity for the removal of the president and the cancellation of the constitution, while...

www.newagebd.net

Bangladesh protesters call for political consensus on president's removal
Staff Correspondent 23 October, 2024, 23:58

Student Movement Against Discrimination and Jatiya Nagarik Committee on Wednesday jointly called for national unity for the removal of the president and the cancellation of the constitution, while a small group on the day demonstrated in front of the Ganabhaban.

The Bangladesh Nationalist Party, however, said that it was not in favour of the president’s removal at this time as it could delay the democratic transition as well as the national election.

Party’s standing committee member Salahuddin Ahmed spoke about his party’s position on the matter following a meeting with the chief adviser, Muhammad Yunus, in the afternoon.

Student Movement Against Discrimination and Jatiya Nagarik Committee, meanwhile, called for unity of all parties on the matter at a joint press conference held at the Central Shaheed Minar in the evening.

Contradicting the BNP statement that said removal of the president at this moment would trigger political and constitutional crisis, Jatiya Nagarik Committee convener Muhammad Nasiruddin Patwary said that political crisis would rather occur if the president would be allowed to continue in office.

Having called the 1972 constitution as the Awami constitution, he stressed the formulation of a new constitution that would reflect people’s true aspirations.

The five-point demand from the Student Movement Against Discrimination is the charter for transforming the mass uprising to revolution, said its convener Hasnat Abdullah.

They said that they were calling on all political parties except Awami League, Jatiya Party, Awami League-led 14-party alliance and other parties that were associated with Awami League in establishing fascism to forge unity.

Fascism was not fully eradicated, Hasnat said, adding that many political parties still wanted to see Mohammed Shahabuddin as president.

He said that after meeting with the chief adviser, various political parties wanted to retain Shahabuddin for the sake of the constitution.

Those who were in favour of popular uprising could not be in favour of the 1972 constitution, he said.

He also brought into attention the recent statement of BNP vice chairman Samsuzzman Dudu that restoring democracy was not possible without removal of the president.

Samsuzzman Dudu made the remark at a programme in front of the National Press Club.

Questioning the two different statements of the two BNP leaders on the issue, Hasnat said that BNP high-ups should make clear their position in this regard and then the next course of the discussion would be fixed.

He said that the existing constitution should be cancelled immediately and a new constitution should be formulated in the context of the 2024 mass uprising.

He said that Awami League’s student front Chhatra League should be banned for life as a terrorist organisation within this week and president Shahabuddin must be deposed within this week.

Calling upon the political parties, he said that a permanent solution should be found to the Bangladesh issue and national unity should be forged for this purpose.

‘If any political party does not join the national unity, we will exclude them and build unity with the people and solve it on the streets against fascism. We still see a fascist in Bangabhaban. We are calling for greater unity for the repeal of the constitution and the removal of the president for the greater good of the country and people,’ Hasnat said.

Some protesters on Tuesday tried to intrude the Bangabhaban premises by breaking security barricades, prompting the law enforcement personnel to explode sound grenades which, in turn, instigated some protesters to attack the police.

On Wednesday law enforcement agencies, particularly the Bangladesh Army and Armed Police Battalion beefed up Bangabhaban’s security with several groups seen demonstrating near the entrance for the second day, demanding the president’s resignation.

A few people resumed a sit-in programme there on Wednesday morning with crowds growing around them over the day.

The group later in the evening announced their platform’s name as Phasibader Dosor Mukti Committee (committee for liberation from the aides of fascism).

The platform’s spokesperson Al Amin Atia told reporters that they would continue their ‘peaceful’ demonstration until the president resigned.

In the afternoon, around 50 members of Ziaur Rahman Samajkalyan Parishad rallied around the Bangabhaban area.

Army personnel stand guard behind barbed fences set up on the way towards Bangabhaban in Dhaka against the backdrop of students’ demand for the removal of president Mohammed Shahabuddin. — Sony Ramani

Information adviser to the interim government and student leader Nahid Islam, meanwhile, at the Secretariat told reporters on the day that a decision regarding the president’s removal could be reached through political discussions and national unity, rather than following legal or constitutional means.

He also called on everyone to remain calm and cautious.

‘We have received the message from the people, and the interim government is consulting all stakeholders. A decision may be forthcoming after these discussions,’ he said.

‘At this moment, the president’s staying in office is not a legal or constitutional matter, it is a political decision,’ he stated.

‘In making the decision regarding the president, we are prioritising stability, security, and discipline within the state,’ he added.

He said that there was no need for demonstrations in front of Bangabhaban or elsewhere.

‘We have heard the people’s message, and a decision must be reached through discussion,’ he asserted.

Nahid also mentioned that there were conspiracies both at home and abroad, urging student protesters to remain vigilant and calm in this context.

In response to another question, Nahid said, ‘The students have issued an ultimatum. We are currently engaged in discussions on our end, though there is no specific timeline for this process. We will continue our efforts and once we reach a logical decision, we will inform everyone.’

Nahid stressed that the decision must prioritize the state and its citizens.

At a media briefing, meanwhile, the chief adviser’s press secretary Shafiqul Alam said that the interim government affirmed that no decision had yet been reached regarding the president’s removal, adding that the media would be informed in due time if any decision was taken.

‘Political parties are our stakeholders. This [Wednesday’s meeting with BNP] is part of an ongoing dialogue with political parties. You will know in due course of time if there is any decision,’ he said.

Amid the controversy triggered by a remark by president Mohammed Shahabuddin that he had no documentary evidence of ousted prime minister Sheikh Hasina’s resignation, the student’s platform on Tuesday announced a five-point demand.

The five-point demand includes—immediate repeal of the constitution and formulation of a new constitution in the context of the 2024 mass uprising; banning of Chhatra League for life as a ‘terrorist organisation’ by this week; resignation of president Shahabuddin by this week; ‘Proclamation of the Republic’ in the light of the ‘July Revolution’ within this week; Declaration of the 10th, 11th and 12th parliamentary elections in 2014, 2018 and 2024 respectively as illegal and confiscation of the assets of those elected in these three elections and banning them for life from contesting in any elections.

Convener of the Students Movement Against Discrimination central committee Hasnat Abdullah, among others, attends a press conference, calling for the national unity for the removal of the president and the cancellation of the constitution, at the Central Shaheed Minar on Dhaka University campus on Wednesday. — New Age photo​

 

[Saif]

Constitution will be no obstacle if there’s political consensus

Whether any questions arise regarding the legal validity of ordering the resignation of the President is a matter for consideration

en.prothomalo.com

Constitution will be no obstacle if there’s political consensus
MA Matin
Published: 23 Oct 2024, 13: 48

Retired justice MA MatinProthom Alo

The previous dictatorial government attempted to quash the student movement by armed means in July and August. Hundreds lost their lives, and thousands were injured. Former Prime Minister Sheikh Hasina fled the country on 5 August in the face of the student-led mass uprising. At that time, the president informed the nation that the prime minister had resigned, and he accepted this resignation.

The president then sent a reference to the Supreme Court under Article 106 of the Constitution, seeking constitutional clarification on the formation of a new government. In this reference, he stated that the prime minister had resigned and sought guidance from the Supreme Court on how to proceed in this situation.

The Supreme Court rendered opinion that, since the prime minister had resigned, there was no option but to form an interim government under the circumstances. Consequently, the government was sworn in under the leadership of the Chief Adviser.

The president’s remarks that he did not receive the prime minister's resignation letter—made two and a half months after the formation of the government—are being widely discussed. His statements have sparked angry reactions from both the interim government and the student agitators, who are now protesting and demanding his resignation. This raises the question: what is the constitutional or legal process for the removal or resignation of the president?

The solution is that the order from the current interim government should be validated by the next elected parliament. I believe that not only the removal of the president but also all actions taken by the government will need to be ratified by the new parliament
According to the Constitution, the president can be impeached (removed) by parliament while it is in session. However, there is currently no parliament in place, which means there is no possibility of impeachment according to the constitution.

If the president breaks his oath or becomes unfit for office, he can resign on his own. But what happens if he does not take that step?

It should be noted that a special situation is prevailing in the country at present. Following the popular uprising, an interim government has taken over the administration. When a popular uprising succeeds, it creates its own legitimacy, rendering the existing constitution, customs, or laws ineffective.

In such cases, new methods can be employed instead of adhering to old ones. Those in power may choose to accept or reject the existing constitution, either in whole or in part. It is under this framework that the interim government has been established and is functioning.

The same applies to the removal or resignation of the president. If he does not resign voluntarily, the interim government has the authority to issue an order dismissing him.

Whether any questions arise regarding the legal validity of ordering the resignation of the president is a matter for consideration. In this case, the solution is that the order from the current interim government should be validated by the next elected parliament. I believe that not only the removal of the president but also all actions taken by the government will need to be ratified by the new parliament.

For this reason, the government will have to negotiate with political parties, and a political consensus will be necessary. If there is a political consensus, the constitution or the law will not pose a hindrance or obstacle to any actions taken. There are historical examples of such incidents in Bangladesh. This is how the 11th and 12th Amendments to the Constitution were enacted.

* MA Matin is a retired justice of the Appellate Division of the Supreme Court​

 

[Saif]

'Demand for president’s resignation political, not legal'

Says Rizwana on interim govt's view

www.thedailystar.net

'Demand for president’s resignation political, not legal'
Says Rizwana on interim govt's view

Mohammed Shahabuddin

Environment, Forest, and Climate Change Adviser Syeda Rizwana Hasan today said the interim government views the growing demand for the president's resignation as a political issue rather than a "legal and constitutional" one.

She indicated that any decision on the matter would be reached through political consensus.

Briefing the media at Foreign Service Academy in Dhaka today, the adviser said there is demand for the resignation of the president, which is getting stronger.

"It's a political issue. Discussions are underway with the political parties," Rizwana said.

The adviser also said political parties need to make their stance clear in this regard.

The adviser said issues related to the president were discussed at the meeting of the Council of Advisers with Chief Adviser Prof Muhammad Yunus in the chair.

Regarding the decision of the age-limit for government jobs, she said it might take three-four days to issue a gazette following the relevant process.

Chief Adviser's Special Assistant Mahfuj Alam and Press Secretary Shafiqul Alam were also present at the media briefing.​