No scope for oath as Dhaka South mayor's tenure ended: Adviser Asif Mahmud

Local Government and Rural Development (LGRD) Adviser Asif Mahmud Shojib Bhuyain has said the tenure of Dhaka South City Corporation mayor has ended, and therefore, there is no opportunity for administering an oath.

The statement from the LGRD adviser comes amid allegations from BNP leader Ishraque Hossain that the government, particularly Adviser Asif Mahmud, is deliberately disrupting the services of the Dhaka South City Corporation in various ways.

Ishraque also remarked that the adviser's remarks regarding oath-taking carry no importance.

Speaking to reporters today (18 June) at the ministry, Asif Mahmud stated, "As you all know, the mayoral tenure of the city corporation has already expired. Therefore, there is currently no legal ground for the oath at this point."

He explained that the Election Commission issued the gazette notification declaring Ishraque mayor but informed relevant stakeholders about it 15 days later. "By that time, the validity of the gazette had already expired – it had been 20 days. This makes the situation quite confusing," he said.

"According to the observations from the Appellate Division, taking any decision based on an expired gazette is highly problematic. We are not legal experts, but our law adviser has clarified the legal complications very well," he added.

The adviser further said the recent developments surrounding the city corporation could have been handled more maturely.

"We have noticed that due to the current state of affairs, the Dhaka South's functions have been severely disrupted. Many offices seem to be under unofficial occupation, which has prevented us from delivering essential citizen services," he said.

Ishraque considering taking legal action against Asif

Speaking to The Business Standard today, BNP leader Ishraque said he is considering taking legal action against Asif Mahmud for allegedly violating the Constitution of Bangladesh.

"He [Asif] keeps making inconsistent claims. He has cited ten different excuses previously, and the public sees through them. They know it's a politically motivated decision, and now he is trying to justify it with various arguments," he said.

"The Supreme Court's Appellate Division has already settled the matter regarding this issue [his oath taking]. So, there's no legal argument or question about the term remaining. These kinds of remarks come from inexperience. If they were a little more educated or experienced, they could've come up with something new that people might actually believe. But no one trusts this broken old record anymore," he added.

Regarding Asif's authority, Ishraque stated, "What Asif Mahmud says has no relevance to us. We don't acknowledge him. Our party had already demanded his resignation as an adviser, and we still stand by that demand."

He also accused Asif of abusing power and illegally issued a letter appointing an administrator in the north.

Ishraque further said, "I believe his current position itself is illegal. He is directly defying the High Court and violating the code of conduct required for holding a government position. He is also violating the Constitution."

"For these reasons, we are seriously considering legal action against him," the BNP leader added. "Even if there's no immediate result, we might still proceed, because his comments are only gaining attention due to his position. We no longer even follow what he says."

Ishraque blames govt for disruption of Dhaka South services

Ishraque, while addressing employees of the corporation and participants of the ongoing protest at Nagar Bhaban today, said, "We are doing our best to provide services to the city residents, but the government is creating obstacles."

"Even while our movement is ongoing, we have kept emergency services running. But we've heard that the government, particularly Local Government Adviser Asif Mahmud, has instructed city corporation officials not to carry out their duties," he said.

"Today, we came to know that the local government adviser and the secretary have ordered regional executive officers of the corporation not to sign off on birth certificates or citizenship documents. 

"This is a disgraceful act. They are trying to create service disruptions and then shift the blame onto us. While we want to keep services uninterrupted, they are actively creating obstacles," he added.

"Today, Asif Mahmud said that I had allegedly broken the law and committed a criminal offence. I want to ask him - if I have truly committed a crime, then why, despite being in government, have you not filed a complaint against me with law enforcement? Why haven't you instructed the authorities to arrest me?" Ishraque asked.

"So, if immature advisers like you wish to speak with us, even engaging in that conversation is insulting to us," he said. 

"For everything that is happening today, this current government must be held accountable. The government is using such individuals to speak on its behalf in an attempt to undermine and belittle us," he claimed. 

Meanwhile, for the third day today, Ishraque held a meeting with employees, former councillors, and his supporters at the Nagar Bhaban auditorium. 

The meeting featured a banner introducing Ishraque as "mayor-elect". In the meetings of the last two days, he was introduced as "mayor".

Since 14 May, Ishraque Hossain's supporters have been observing the sit-in programme by locking every gate of Nagar Bhaban. At the same time, they had announced that they will continue this movement until Ishraque is given the responsibility of mayor.