About two-and-a-half months after Sheikh Hasina was ousted as Bangladesh’s prime minister and fled the country amid a student-led uprising, a new controversy has emerged. Bangladesh President Mohammad Shahbuddin told a Bangladeshi newspaper that he never actually received Hasina’s resignation letter.
This raises questions about whether Hasina can still be considered the country’s legitimate prime minister, despite the interim government led by Nobel Laureate Mohammad Yunus taking over. It also puts President Shahbuddin on a tight spot, as he had previously stated publicly that he had accepted Hasina’s resignation.
Since Hasina’s ouster on August 5, Shahbuddin, who had been appointed by her government, has been under pressure as calls for his resignation have grown. Many believe that a head of state appointed by a regime that many have labelled as “fascist” should not remain in power after a popular uprising.
On Monday, Asif Nazrul, the legal advisor to the Yunus-led interim government, said that President Shahbuddin was “dishonest” for claiming he had not received Hasina’s resignation.
The advisor recalled that Shahbuddin had confirmed Hasina’s resignation in a national address alongside military leaders on August 5.
Nazrul explained that after Hasina’s resignation, the appellate division of the Supreme Court was consulted to determine how government formation should proceed. Acknowledging the resignation, the chief justice at the time and other judges provided an opinion on the way ahead.
“Their statement began with: ‘Given the current circumstances in the country, as the Prime Minister has resigned,’ followed by additional remarks,” Nazrul, also a former professor of law of Dhaka University, told journalists on Monday.
Nazrul added: “He clearly stated in his address that the prime minister had submitted her resignation and that he accepted it, as evidenced by his subsequent actions assuring the nation of this fact.”
A violation
Nazrul criticised the president for his contradictory statements. “If the president now claims, nearly two-and-a half months later, that he did not receive Hasina’s resignation, it is not only contradictory but also a violation of his oath,” he contended. “Such actions raise serious questions about his fitness to remain in office.”
He noted that Bangladesh’s Constitution contains provisions for the removal of a president found guilty of misconduct or incapacity.
The student leaders who led the uprising against Hasina expressed their outrage at the president’s remarks. “Hasina has been ousted,” one of the main coordinators, Hasnat Abdullah, wrote on his verified Facebook page. “The people have overthrown an illegal government through an uprising. There is no role for resignation here.”
Another coordinator, Sarjis Alam, said at an event in Dhaka on Monday, “If someone like President Shahabuddin claims that he does not have Hasina’s resignation document, then it will be up to the student community to decide what action should be taken against him.”
Legal experts argue that since Hasina fled, her resignation does not hold significant weight. Saiyed Abdullah, a law graduate and social media influencer on legal matters, noted that if Hasina stayed in the country after submitting her resignation to facilitate a transition then the absence of a resignation letter might have been relevant.
“However, the reality is that her resignation was not made in a dignified manner,” he said. “The public has gradually lost trust in her leadership as she has illegally maintained her grip on power through vote manipulation over her last three terms. As public confidence wanes, opposition movements rise, ultimately leading to her departure amid a mass uprising. Her fleeing from the country indicates that she will no longer govern. Thus, in such an extraordinary situation, the existence of her resignation letter is not critical.”
Abdullah, who also played a pivotal role in student’s uprising, added that the idea of Hasina still being the legitimate prime minister is absurd. He noted that the country’s constitution holds that the office of the prime minister shall become vacant if she submits her resignation letter to the president or is no longer a member of parliament.
After Sheikh Hasina fled on August 5, President Shahabuddin dissolved the parliament the very next day. This dissolution meant that Hasina is no longer a member of parliament. “This essentially indicates that within this constitutional framework, a person who is no longer an MP cannot remain prime minister after the parliament is dissolved,” Abdullah said. “Therefore, her submission of a resignation letter is irrelevant in this context.”
Moreover, Abdullah emphasised that a new government took office on August 8. “This means that once the new government was sworn in, everything prior became irrelevant,” he said. “Within this constitutional framework, she no longer qualifies to remain prime minister. Whether she submits a resignation letter or not is inconsequential.”
President’s office clarifies
President Shahabuddin’s office clarified on Monday evening that “Sheikh Hasina’s resignation, her departure from the country, the dissolution of Parliament, and the formation of an interim government are all settled matters.”
A statement signed by the deputy press secretary of the president’s office said that that media reports quoting the president about Hasina’s resignation have caused confusion.
“In light of the students’ and public’s revolutionary movement, the resignation and departure of the Prime Minister, the dissolution of Parliament, and the constitutional validity of the current interim government have all been addressed in the Supreme Court’s Appellate Division order,” the statement said.
The president called on Bangladeshis to avoid creating new disputes that could destabilise or embarrass the interim government regarding these settled matters.
Faisal Mahmud is an award-winning journalist based in Dhaka. He is the recipient of Jefferson Fellowship and Konrad Adeneur Stiftung fellowship
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