‘President resorted to falsehood about Hasina’s resignation letter’

Asif Nazrul, Adviser on Law, Justice, and Parliamentary Affairs, stated on Monday that President Mohammad Sahabuddin's claim that he does not possess former Prime Minister Sheikh Hasina's resignation letter is false. 

The adviser made these comments in response to questions from journalists in his office at the Secretariat.

He said, "The President's statement that he has not received former Prime Minister Sheikh Hasina's resignation letter is false and amounts to violating his oath. On the night of August 5, at 11:20 pm, in his speech to the nation, with the three military chiefs present, he himself said that the former Prime Minister had submitted her resignation letter to him and that he had accepted it."

The law adviser said, "After that, as per Article 106 of the Constitution, the Supreme Court sought advice from the President regarding the necessary course of action in this situation. In response, the then-Chief Justice of the Supreme Court and other judges provided their opinion under Article 106 based on the President's reference. The first line of that opinion was, 'In the current situation, as the Prime Minister has resigned…,' followed by other statements."

Asif Nazrul further stated, "The reference bears the signatures of all the judges of the Appellate Division, including the then-Chief Justice Obaidul Hassan."

On August 5, former Prime Minister Sheikh Hasina left the country amid student protests and mass demonstrations. According to Article 57(a) of the Constitution, the Prime Minister must submit her resignation letter to the President if she resigns. However, the President has claimed that he has not received any resignation letter or related evidence from Sheikh Hasina.

In his statement, the President said, "I have tried many times to collect the resignation letter but have failed. Perhaps she did not get the time."

In an interview with Matiur Rahman Chowdhury for Janatar Chokh, a political magazine of the Daily Manabzamin, on Saturday, the President said that on August 5, at around 10:30 am, a call came from the Prime Minister's residence to Bangabhaban, informing them that the Prime Minister intended to meet the President. Preparations were made at Bangabhaban accordingly. However, within an hour, another call came saying that she would not be coming."

He said, "There were reports of unrest everywhere. I did not know what was going to happen. I could not sit idly by, relying on rumors. So, I asked the Military Secretary, General Adil, to look into it. He, too, had no news. We were waiting and watching the television scrolls. There was no news anywhere. Eventually, I heard that she had left the country without informing me."

The President said, "When General Wakar, the Army Chief, came to Bangabhaban, I asked him whether the Prime Minister had resigned. The response was the same—I had heard that she resigned. It seems she did not find the time to inform me."

He continued, "When things were under control, one day the Cabinet Secretary came to collect a copy of the resignation letter. I told him that I was also searching for it."

At one point during his conversation with Matiur Rahman Chowdhury, the President said that there is no room for further debate on this issue. The Prime Minister has left, and that is the truth. However, to ensure that this question does not arise again, I sought the opinion of the Supreme Court.

Following the President’s reference, the Appellate Division, led by Chief Justice Obaidul Hassan, issued their opinion on August 8. It stated that, in order to avoid a constitutional vacuum and to ensure the smooth operation of executive functions in the current situation, an interim government could be formed. The Appellate Division opined that the President could administer the oath to the Chief Adviser and the Advisers of the interim government.

However, in his speech to the nation on August 5, the President had said, "Dear countrymen, Assalamu Alaikum, you know that Prime Minister Sheikh Hasina has submitted her resignation letter to the President, and I have accepted it."