Supreme Court lawyer Aslam Mia has sent a legal notice to the relevant authorities seeking verification of the 'foreign citizenship and allegiance to foreign states' of Foreign Minister Khalilur Rahman and State Minister for Foreign Affairs Humayun Kabir, as well as the 'constitutional validity' of their appointments and oaths.
The notice was sent on Tuesday to the Chief Election Commissioner, Cabinet Secretary, Secretary to the President's Office, Principal Secretary to the Prime Minister, Law Ministry Secretary, Foreign Ministry Secretary, and relevant officials of the National Parliament Secretariat.
The notice asks for a response on the matter within seven days. Aslam Mia told bdnews24.com that if no response is received within the stipulated time, he will file a writ petition in the High Court. When asked about the reason for issuing this notice, Aslam said the matter came to his attention following discussions regarding the foreign citizenship of Khalilur Rahman and Humayun Kabir in various media outlets and other platforms.
"During the Yunus government, the current Home Minister said at a public meeting that Humayun Kabir holds American citizenship. Questions were also raised as to how he could hold a state responsibility. Later, after Khalil Saheb took charge as Foreign Minister, we came to know that he also has foreign citizenship." "We want to know the absolute truth regarding the controversy created over citizenship," said Aslam Mia.
What the Constitution says
Quoting Article 56(2) of the Constitution, the legal notice stated that the power to appoint the Prime Minister and other ministers, state ministers, and deputy ministers is vested in the President. At least nine-tenths of them can be appointed from among members of parliament, and not more than one-tenth from persons qualified to be elected as members of parliament.
According to Article 66(1) of the Constitution, a citizen of Bangladesh and a person aged 25 years are qualified to be elected as a member of parliament. Article 66(2)(c) states that if a person acquires the citizenship of a foreign state, or acknowledges allegiance or adherence to a foreign state, they shall be disqualified from being elected as, or from being, a member of parliament. However, Article 66(2A) states that if a person having Bangladeshi citizenship acquires the citizenship of a foreign state, in the case of dual citizenship, if they renounce the foreign citizenship, they shall not be deemed to be a person acquiring foreign citizenship under that article.
Article 66(4) of the Constitution states that the provisions of this article shall apply to several posts including the President, Prime Minister, Speaker or Deputy Speaker, Minister, State Minister, and Deputy Minister.
The notice demanded the verification of Dr. Khalilur Rahman's current citizenship status, whether he ever took foreign citizenship, whether he has or had a foreign passport, and whether he has renounced foreign citizenship if he held it. Information regarding the date of renunciation and the date of acceptance was also sought.
Mentioning that Dr. Khalilur Rahman took oath as Foreign Minister on February 17, 2026, the notice asked to verify whether the constitutional conditions were met at the time of his appointment and oath. The notice stated that even in the case of appointing someone as a minister or state minister who is not a member of parliament, the constitutional qualification of becoming a member of parliament is relevant.
What has been demanded regarding Khalilur Rahman
Khalilur Rahman took oath as a government minister on February 17 last. The notice asked to verify his current citizenship status, whether he ever took the citizenship of any foreign state, whether he holds or held a foreign passport, and whether he has renounced foreign citizenship if he held it.
However, Khalilur Rahman had earlier publicly denied the allegation of having foreign citizenship. In a press conference on May 21, 2025, he said, "I have only one nationality, I am Bangladeshi." At the same time, he said that he does not have any American passport and does not have the nationality of any country other than Bangladesh.
Questions regarding Humayun Kabir's citizenship
Humayun Kabir took oath as state minister on August 21 last. The notice demanded verification of the questions raised regarding his British citizenship. Information was also sought on whether he had renounced that citizenship before his appointment as state minister, on which date he did so if he did, and on which date the British authorities accepted it.
After questions were raised regarding Humayun Kabir's British citizenship, journalists questioned him about the matter on August 24. However, he did not clarify the matter. The next day, Law Minister Md. Asaduzzaman said that there was no anomaly in the law regarding Humayun Kabir becoming a state minister.
Questions regarding the oath
The notice also mentioned Article 148(1) of the Constitution. According to that article, a person appointed to a post mentioned in the third schedule must take the prescribed oath or declaration before assuming office.
The third schedule contains the commitment of true faith and allegiance to Bangladesh and the preservation, protection, and defense of the Constitution in the oaths of the Prime Minister, Minister, State Minister, and Deputy Minister. In this context, the notice asked to verify whether the two ministers have any oath, declaration, or recognition of allegiance to a foreign state. Aslam Mia said, "Whether he has actually cancelled his citizenship, let him prove that. We are seeking a legal explanation of this."
The precedent of the writ petition cited
The notice also brought up the context of a writ petition from 2023. The cancellation of nomination papers for the post of member of parliament due to dual citizenship was challenged in that case.
The notice claimed that in that case, the concerned person had applied to renounce foreign citizenship before submitting nomination papers. But since the process of renouncing citizenship was not finalized at that time, the High Court dismissed the application.
The precedent of that writ petition regarding dual citizenship has also been discussed in recent times. Citing that case in a complaint submitted to the Election Commission in January 2026, it was said that merely applying to renounce foreign citizenship is not enough; the process of renunciation needs to be officially completed.
What has been demanded in the notice
The notice asked the relevant authorities to verify the citizenship and nationality documents, foreign passports, documents of acquiring or renouncing foreign citizenship of the two individuals, and information if there is any oath, declaration, or recognition of allegiance to a foreign state.
It was also mentioned to take necessary steps according to the constitution and law if any constitutional disqualification is found. And if there is no disqualification, the legal and constitutional basis for their appointment and holding office should be stated.
The notice stated that it was not given with the objective of making a final factual allegation against any minister or state minister. The objective is to verify citizenship, allegiance to a foreign state, constitutional qualifications, and the matter of assuming responsibility in high constitutional posts through the relevant authorities.
