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

Published : Tuesday, 1 September, 2026 at 1:46 PM
Observer Online Report
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A legal notice has been sent to the relevant authorities seeking verification of the foreign citizenship, allegiance to foreign states and constitutional validity of the oaths taken by Foreign Minister Dr Khalilur Rahman and State Minister for Foreign Affairs Humayun Kabir.

The notice was sent to the Chief Election Commissioner, Cabinet Secretary, Secretary to the President’s Office, Principal Secretary to the Prime Minister, Secretary of the Ministry of Law, Secretary of the Ministry of Foreign Affairs and relevant officials of the Parliament Secretariat.

Supreme Court lawyer Aslam Mia sent the notice on Tuesday (September 1).

In the notice, lawyer Aslam Mia said the appointments, qualifications, citizenship, allegiance and oaths of the minister and state minister need to be constitutionally verified in light of Articles 56, 66 and 148 of the Constitution and the Third Schedule.

Citing Article 66(1) of the Constitution, the notice states that a person who is a citizen of Bangladesh and has attained the age of 25 is eligible to be elected as a member of Parliament. It further states that under Article 66(2)(c), a person may face disqualification from being elected to or remaining a member of Parliament if they acquire the citizenship of a foreign state or acknowledge or affirm allegiance to a foreign state.

The notice also refers to Article 66(2A), which contains a special provision concerning a person who is a citizen of Bangladesh by birth but subsequently acquires foreign citizenship and later renounces it. Therefore, it calls for verification of the individuals’ citizenship history and current legal status before reaching a decision.

The notice further states that under Article 148 of the Constitution, a person appointed to an office specified in the Third Schedule must take the prescribed oath or make the required declaration before assuming office. The oaths taken by ministers and state ministers include commitments to bear true faith and allegiance to Bangladesh and to preserve, protect and defend the Constitution.

Referring to Dr Khalilur Rahman’s taking oath as foreign minister on February 17, the notice seeks verification of several issues concerning him. These include whether he is currently a citizen of Bangladesh, whether he has ever held citizenship of a foreign country, whether he has held or currently holds a foreign passport, whether he has taken an oath of allegiance to or made a declaration of allegiance to any foreign state, and, if he had foreign citizenship, when he renounced it.

Similarly, the notice calls for verification of State Minister for Foreign Affairs Humayun Kabir’s citizenship status and any allegiance to a foreign state.

The notice urges the relevant authorities to collect and examine records and documents relating to the two officials’ citizenship, passports, immigration, nationality, renunciation of citizenship and acquisition of citizenship.

It also calls for a determination of whether their appointments and assumption of office are consistent with Articles 56, 66 and 148 of the Constitution and the Third Schedule. If any constitutional disqualification is found, the notice calls for necessary action under the law. On the other hand, if no disqualification is found, the authorities have been asked to disclose or communicate the constitutional and legal basis for their appointments and continued tenure in office.

Lawyer Aslam Mia has asked the relevant authorities to provide a substantive response within seven days of receiving the notice.

The notice states that it does not constitute a final allegation or decision. Rather, it has been issued to have questions regarding citizenship, foreign allegiance and constitutional eligibility verified by the relevant government authorities.

It further states that if the matter is not resolved within the stipulated period or the constitutional questions remain unresolved, appropriate constitutional or judicial forums may be approached to seek remedies available under the Constitution and laws of Bangladesh.

-MT


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