Legal notice seeks verification of foreign citizenship of foreign minister, state minister

A Supreme Court lawyer has served a legal notice seeking verification of the foreign citizenship and allegiance to foreign states of Foreign Minister Khalilur Rahman and State Minister for Foreign Affairs Humaiun Kobir and their constitutional ability to serve in the posts.

Lawyer Aslam Mia sent the notice on Tuesday to the chief election commissioner, cabinet secretary, secretary to the President's Office, principal secretary to the prime minister, secretaries of the law and foreign affairs ministries, and relevant officials of the Parliament Secretariat.

The authorities have been asked to respond within seven days.

Aslam said that he would file a writ petition in the High Court if no response is received within the stipulated period.

He said reports in newspapers and other media had raised questions over the two ministers' foreign citizenship.

According to the lawyer, Minister Salahuddin Ahmed had previously said at a public meeting during the Muhammad Yunus-led interim government that Humaiun held American citizenship.

Aslam said he later learnt that Khalilur also held British citizenship.

The notice cites Article 56(2) of the Constitution, under which the president appoints the prime minister, ministers, state ministers and deputy ministers.

It also refers to Article 66, which sets out the qualifications for Parliament membership and provides for disqualification in certain circumstances where a person acquires foreign citizenship or acknowledges allegiance to a foreign state.

The notice seeks verification of Khalilur's present citizenship status, whether he has ever held foreign citizenship or a foreign passport, and, if so, whether and when he renounced it.

It also asks whether he met the constitutional requirements when he took his oath as foreign minister on Feb 17.

For Humaiun, who took his oath as state minister on Aug 21, the notice seeks verification of claims that he holds British citizenship, including whether he renounced it before his appointment and the dates of any renunciation and its acceptance by British authorities.

The notice also cites Article 148(1) and the Third Schedule concerning the oath of office, which includes an undertaking of true faith and allegiance to Bangladesh and the preservation, protection and defence of the Constitution.

It refers to a 2023 writ petition concerning dual citizenship and nomination for Parliament, noting that the High Court held that merely applying to renounce foreign citizenship was insufficient if the process had not been completed.

The notice asks authorities to verify citizenship and nationality records, foreign passports, renunciation documents and any oath, declaration or acknowledgement of allegiance to a foreign state.

If any constitutional disqualification is found, it asks that action be taken under law; if not, the authorities have been asked to explain the legal and constitutional basis for the two appointments.

Aslam said the notice was not intended as a final factual allegation against either minister, but to seek official verification of their citizenship, allegiance and constitutional eligibility.