President's legal immunity applies only during term of office: PM's Adviser

The constitutional legal immunity of the president applies only while he is in office; once the term ends, legal action can be taken against him if necessary, said Dr Zahed Ur Rahman, Prime Minister's Adviser on Information and Broadcasting.

He made the remarks at a press conference at the Secretariat on Tuesday (July 28) to highlight the progress of various government activities, in response to questions from journalists.

In response to a query on whether former president Mohammed Shahabuddin had been granted immunity, the Prime Minister's Adviser said a person holding the office of the President in Bangladesh will not face legal proceedings during their tenure. However, this protection applies only to the period of their term in office. Once out of office, legal action can be taken against a president for any allegations or legal issues, whether arising from the period before or after their presidency .

He made it clear that he was not commenting on any specific individual but rather providing a general constitutional interpretation. He expressed hope that this would clear up the confusion surrounding the matter.

On the independence of the judiciary, the Adviser said the courts are not part of the government; they are independent institutions. Citizens can seek justice in all courts, including the International Crimes Tribunal. He noted that while the government may be a party in some cases, the courts deliver independent verdicts. In many instances, the government is not a party to a case at all.

Article 51 of the Constitution deals with presidential immunity. Clause (1) states that the President shall not be answerable in any court for anything done or omitted in the exercise of the functions of his office . Clause (2) stipulates that during his term of office, no criminal proceedings whatsoever shall be instituted or continued against the President, and no process for his arrest or imprisonment shall issue from any court .

Mohammed Shahabuddin resigned from the presidency on July 24 . Following his resignation, demands for his trial grew louder. He cited Article 51, claiming that even after resignation, no legal action could be taken against him. This has sparked discussions over the interpretation of the article.