Advisers may discuss whether president has capacity to continue if he sticks to his statement: Asif Nazrul

The statement of President Mohammed Shahabuddin about the resignation letter of ousted prime minister Sheikh Hasina in the student-people movement is a “lie”, said law, justice and parliamentary affairs adviser Asif Nazrul.

He further said this was akin to violating his oath as president. The advisers of the interim government may discuss whether he has the capacity to remain as the president if sticks to his statement.

Asif Nazrul was speaking to the newspersons at his secretariat office on Monday afternoon.

The newspersons asked the law adviser questions after an investigative report of Manabzamin editor Matiur Rahman Chowdhury.

He said, “The president said that he did not receive the resignation letter of former prime minister Sheikh Hasina. This is a lie and akin to violating his oath of office. This is because he himself, with the chiefs of the three services behind him, in his address to the nation at 11:20 pm on 5 August said the former prime minister submitted her resignation letter to him and he received the letter.”

The law adviser informed the media that the president asked for the opinions of the Appellate Division of the Supreme Court in the wake of the situation.

He said the query was made as per the section 106 of the constitution. Following this the then chief justice and other justices gave their opinion. The first sentence of the opinion is - as the prime minister has resigned due to the emergent situation of the country … It was followed by other sentences, including the president dissolved parliament and so on.

Asif Nazrul further said this reference contains the signatures of the chief justice and all other justices of the Appellate Division.

Asif Nazrul said, “The prime minister resigned and the president dissolved parliament; in this context, we sent a note from the ministry to the president’s office based on the Appellate Division’s opinion that an interim government could be formed. The president saw this opinion and accepted that. Then he himself formed the interim government.”

The law adviser further stated that the president in his speech on 5 August night said that the former prime minister resigned and he accepted that. Then one after another actions clearly proved this, he ensured this time and again that the prime minister resigned  and he accepted that. Now after almost two and a half months, if he says that the prime minister did not submit the resignation paper, this becomes a contradiction, this violates his oath of office. And, this raises the question as to whether he has the capacity to remain in the post any longer.

Professor Asif Nazrul said, “The Bangladesh constitution stipulates, if you are physically and mentally incapable or if you commit grave misconduct, then there is a scope to take action as per the constitution, whether you could continue as president or not.”

“We couldn’t comprehend how he could say something like this after so many things. Our stand is clear, through his statements and actions, he clearly proved that the former prime minister Sheikh Hasina submitted her resignation paper and he received that. Now there is no scope to say something contradictory. If he sticks to this statement, our advisory council has to consider whether he has the capacity to remain in the post of the president. This could be discussed in the advisory council. It seems the issue is worth discussion,” he added.

When a newsperson asked the law adviser whether the government has the resignation letter of the former prime minister, Asif Nazrul said, “(She) resigned to the president. It is supposed to be at the president’s office. There is no scope to raise a question about this even at the court. This was his task. He himself said the resignation paper was submitted and he received that. Now if he says, it’s not there, then go and ask him what he has done with the resignation paper.”

Law adviser Asif Nazrul reiterated, “If you contradict your statement you issued before the whole nation, this is akin to misconduct. Then the question arises, whether you actually have the mental capacity to carry out the responsibilities of the president. These questions may come. He has created a scope to raise the questions.”

In response to another question, the law adviser said, “There could be questions in the society and this is normal - why has he (the president) said this after almost two and a half years, when the fallen fascist power is trying to resurface its head through various ways at different places (of the country).”