Md. Shahabuddin has resigned from the position of President before the end of his term. Immediately following his resignation, various political parties, particularly opposition parties, have demanded his arrest and bringing him to justice. In this situation, there is a debate on whether the President can be brought to trial or if he has immunity.
The opposition parties claim that Md. Shahabuddin is an ally of Sheikh Hasina, who was ousted from power in a student mass uprising. Therefore, they argue that he should be tried. Some have also mentioned that his actions before becoming President should be judged. However, others believe that Md. Shahabuddin is entitled to immunity according to Article 51 of the Constitution, thus preventing him from being brought to trial.
Let's take a look at what the Constitution states regarding the President's immunity.
According to Article 51 (1) of the Constitution, "The President shall not be answerable to any court for the exercise of the powers and for the performance of the duties of his office or for any act done or purported to be done in exercise of those powers and duties; however, this clause shall not apply to the bringing of charges under Article 52 of the Constitution. "
Article 51 (2) states, "No criminal proceedings whatsoever shall be instituted or continued against the President of the Republic during his term of office, nor shall any process for his arrest or imprisonment be issued from any court during that term."
Experts say this constitutional protection is valid during the President's term in office. The protection does not remain post-removal or resignation from office, primarily safeguarding actions undertaken while serving as President. This protection is not considered after the assumption or relinquishment of the presidency.
According to Article 51 (3) of the Constitution, "No civil proceedings whatsoever shall be instituted against the President in any court during his term of office for anything done or omitted to be done by him in his personal capacity, whether before or after he entered the office of President unless at least two months' notice in writing has been delivered to him, stating the cause of action, the name, description and place of residence of the plaintiff and the relief which the plaintiff claims."
Analysts refer to the example of former military ruler Hussain Muhammad Ershad, who was ousted in a mass uprising and had to serve jail-term and was convicted in corruption cases after his resignation.
Following the fall of Sheikh Hasina's government on 5 August 2024, many who led the student-people's mass uprising opposed the formation of an interim government under Md. Shahabuddin. Even during the interim government period, different organisations protested, demanding Shahabuddin’s resignation.
In October 2024, under banners of multiple organisations, protests occurred on the streets in front of Bangabhaban, demanding the resignation of Shahabuddin. At one point, when they attempted to enter Bangabhaban, security forces intervened. In the process of breaking through the barricade, three people were injured. Jamaat-e-Islami, the NCP, and other organisations also demanded the President’s resignation at that time.
In his resignation letter given yesterday, Md. Shahabuddin explained his actions during the formation of the interim government and the crisis of that time.
He wrote, "After the fall of the then government in the face of the student-people's mass uprising on 5 August 2024, a constitutional crisis arose in the country. In order to resolve the constitutional crisis, I, as the President, sought the opinion of the Appellate Division of the Bangladesh Supreme Court under Article 106 of the Constitution. Subsequently, based on the advice of the Appellate Division of the Bangladesh Supreme Court, I formed an interim government. The interim government, in consultation with political parties, organised a general election to the National Parliament."
Shahabuddin further wrote, "The current government was formed based on the election results and is now conducting the government. The ruling party and the opposition party are fulfilling their respective responsibilities in the National Parliament through democratic practice. Due to my strong and positive role, no constitutional crisis occurred in the country."
Reaction of political parties and leaders
Following the announcement of his resignation, the National Citizen Party (NCP) held a press conference demanding the immediate arrest and trial of Md. Shahabuddin. The party claims that there is no legal immunity for him after stepping down from the President’s office, and hence, the allegations against him should be investigated, and justice should be ensured.
The Ameer of Bangladesh Khilafat Majlis, Maulana Mamunul Haque, demanded the immediate arrest of Shahabuddin for a neutral investigation of all allegations against him and trial under existing law.
NCP convener and Chief Whip of the Opposition in the National Parliament, Nahid Islam, stated in a march programme in Jamalpur, "It will not suffice if the ally of fascism, Chuppu (President Md. Shahabuddin), just resigns. Post-resignation, he should be arrested. He has shown support for genocide and there is clear evidence of his corruption. He should be immediately removed, arrested, and brought to justice."
Responding to a journalist’s question on Md. Shahabuddin’s immunity, the Opposition Leader in Parliament and Amir of Jamaat-e-Islami, Shafiqur Rahman, said on Friday at an event in Dhaka, “During the July mass uprising, Md. Shahabuddin silently aided the Awami League government. If credible evidence of such nature is found, nobody is above the law."
When asked whether Jamaat seeks the trial of the President, Shafiqur Rahman mentioned, “We will consider it and take appropriate steps accordingly.”
Yesterday afternoon, Inqilab Mancha protested in Shahbagh, demanding the arrest of Md. Shahabuddin.
Everything depends on the government
Bringing Md. Shahabuddin to trial for his actions while serving as President is complex and requires constitutional interpretation. However, before Md. Shahabuddin became President, he was the Vice Chairman of Islami Bank, owned by the controversial S Alam Group. Additionally, he was also Vice Chairman of GMC Builders, affiliated with S Alam Group.
There are allegations against S Alam Group of destroying the country's banking system and embezzling over Tk 2000 billion. Investigations were conducted domestically and internationally during Professor Muhammad Yunus’ interim government and continue to this day, with cases ongoing in the Anti-Corruption Commission (ACC). Prior allegations of misconduct and corruption during Md. Shahabuddin’s tenure as an ACC commissioner exist.
Legal experts suggest that Shahabuddin can be easily arrested or brought to trial for past actions; however, the final decision will depend on the government.
Government sources indicate that Md. Shahabuddin resigned from the presidency upon the BNP government's wish. While other political parties like Jamaat, NCP, are decidedly negative about Shahabuddin, BNP might not be as much. The BNP government probably won't dredge up Shahabuddin's past.
However, if he maintains contact with Awami League or the ousted former Prime Minister Sheikh Hasina, or engages in activities against the government, he may face trial in the future.
Responding to a question from a journalist on Saturday about what steps the government will take if a case is filed against Md. Shahabuddin, Law Minister Md. Asaduzzaman said, "It is too early to tell. . ."