Legal notice seeks verification of Khalilur, Humaiun’s citizenship status

A Supreme Court lawyer has served a legal notice seeking verification of the citizenship status, possible foreign allegiance and constitutional eligibility of Foreign Minister Khalilur Rahman and State Minister for Foreign Affairs Humaiun Kobir.

Lawyer Aslam Mia sent the notice to several senior government officials today (1 September), seeking a response within seven days.

The notice was addressed to the chief election commissioner, cabinet secretary, secretary to the president's office, principal secretary to the prime minister, law secretary, foreign secretary and relevant officials of the parliament secretariat.

It calls for verification of the two ministers' citizenship, any allegiance to a foreign state, eligibility to serve as members of parliament and the validity of their oaths in light of Articles 56, 66 and 148 of the Constitution and the Third Schedule.

Citing Article 66, the lawyer said a Bangladeshi citizen aged at least 25 is eligible to be elected to parliament, while Article 66(2)(c) provides for disqualification in certain circumstances if a person acquires citizenship of a foreign state or acknowledges allegiance to a foreign state.

The notice therefore seeks verification of whether either minister has ever acquired foreign citizenship, held a foreign passport or sworn allegiance to another state, as well as their current citizenship status.

It also refers to Article 66(2A), which provides exceptions in certain circumstances for Bangladeshi citizens by birth who acquire foreign citizenship, including after giving up that citizenship.

The lawyer has asked the authorities to determine, where applicable, when any foreign citizenship was acquired, when it was renounced and what the ministers' current constitutional and legal status is.

The notice also raises questions about the constitutional oath required before assuming ministerial office. Under Article 148, individuals appointed to offices specified in the Third Schedule must take the prescribed oath or declaration.

The prescribed oath for ministers and state ministers includes a pledge of true faith and allegiance to Bangladesh and a commitment to preserve, protect and defend the Constitution, according to the notice.

Referring to Khalilur Rahman's oath as foreign minister on 17 February, the notice seeks verification of whether he is currently a Bangladeshi citizen, whether he has ever held foreign citizenship or a foreign passport, and whether he has sworn allegiance to any foreign state.

Similar information has been sought regarding Humaiun Kobir, including his current citizenship status, any history of foreign citizenship or foreign passport use and any declaration of allegiance to a foreign state.

The notice asks the authorities to collect and examine official records concerning the ministers' citizenship, passports, immigration history and any acquisition or renunciation of foreign citizenship.

It also seeks a determination of whether their appointments comply with the Constitution.

If any constitutional disqualification or legal inconsistency is established, necessary action should be taken under the law, the notice said. If no disqualification is found, the authorities have been asked to clarify the constitutional and legal basis for their continued tenure.

Aslam has given the authorities seven days to provide a substantive response. He said he would approach the appropriate constitutional or judicial forums if the issues were not resolved within the stipulated period.

The notice also makes clear that it seeks official verification and does not itself establish that either minister holds or previously held foreign citizenship or owes allegiance to another state.