Asif Nazrul: Conflicting Statements Raise Questions About the President's Eligibility

Law Adviser Dr. Asif Nazrul pointed out that on August 5, the President himself publicly stated that he had received and accepted the resignation letter of former Prime Minister Sheikh Hasina.

Nazrul argued that if the President now claims—almost two and a half months later—that the former Prime Minister did not submit a resignation letter, this would be a contradiction. He stressed that various events have made it clear to the entire nation that Hasina had indeed resigned, and the President had acknowledged it.

Dr. Nazrul made these comments while speaking to journalists at the Secretariat on Monday in response to questions about the President's recent statement.

He further explained: “This goes against the President's oath of office. In his August 5 address to the nation at 11:20 p.m., in the presence of the chiefs of the three armed forces, the President explicitly stated that ‘Sheikh Hasina has submitted her resignation letter to me,’ and that he had accepted it. The Supreme Court's Appellate Division was then consulted for guidance under Article 106 of the Constitution. The chief justice and other judges offered their opinion."

Nazrul continued: "The first line of that opinion read, ‘Since the prime minister has resigned under the current circumstances...’. After the resignation and the dissolution of Parliament by the President, a note was sent from the Ministry’s office to the President, based on the Appellate Division’s opinion, regarding the formation of an interim government. The President accepted this and proceeded to form the interim government."

He also noted: “According to the Constitution of Bangladesh, if the President is deemed mentally or physically unfit or engages in serious misconduct, steps can be taken regarding his eligibility to remain in office."

Nazrul added: “How can the highest officeholder, after announcing the resignation to the nation and seeking the Supreme Court's advice, now deny it? It's beyond comprehension. Such contradictions cannot be allowed. If the President maintains his current stance, our advisory committee must evaluate whether he is still fit to serve in office."

When asked whether the resignation letter was in the government’s possession, Nazrul clarified: “The resignation was meant to be submitted to the President and should be with his office. The Constitution does not allow this issue to be taken to court. If he now claims there is no resignation letter, you should ask him what he did with it.”

It’s worth noting that in a recent interview with Matiur Rahman Chowdhury, Editor-in-Chief of the Daily Manab Zamin, President Mohammed Shahabuddin said he had heard of Sheikh Hasina’s resignation but had not received any formal documents or evidence. This interview was published last Saturday in the political magazine “Jonotar Chokh.”