Law minister Shafique Ahmed and Bar Council vice-president Khandkar Mahbub Hossain differed in their opinions about how and when the resignations of ministers would become effective.
Khandkar Mahbub Hossain told The Independent that the Constitution makes it clear that the post of a minister becomes vacant after he/she submits his/her resignation to the Prime Minister. “As per Section 58 (a) of the Constitution, he/she will not be entitled to any official benefit. It is not necessary that the resignation has to be accepted by the President. The post becomes vacant the moment the resignation is submitted to the PM,” he added. The law minister, however, told The Independent that all ministers would discharge their duties as ministers until or unless the President accepts their resignation. “We’ve submitted our resignation letters to the Prime Minister to form an all-party election-time government. After the EC declares the poll schedule, we’ll tell the Prime Minister to forward our resignation letters to the President,” he said.
“All ministers can discharge their duties till their resignation letters are received by the President,” he added, referring to Section 58 (4) of the Constitution.
Section 58(4) of the Constitution says, “If the Prime Minister resigns from or ceases to hold office, each of the other ministers shall be deemed also to have resigned from office, but shall, subject to the provisions of this Chapter, continue to hold office until his successor has entered upon office.”
“Now, the Prime Minister will keep our resignation letters. They will be forwarded to the President after the declaration of the poll schedule,” the law minister added.
When asked about the law minister’s explanation of the issue, Hossain said: “It’s very unfortunate that the law minister is giving wrong explanations only to remain in the ministers’ post. He is giving wrong explanations as per his will to take the state funds illegally,” he added. Supreme Court Bar Association (SCBA) secretary Barrister Mahbub Uddin Khokan opined that the resignation of the ministers would be effective from the moment they submit it to the Prime Minister. Explaining the constitutional provision, Khokan said that those who have already sent their resignation letters to the Prime Minster to forward it to the President could not take any opportunity from the state funds from the day of their resignation.
At a press briefing held at the south hall of the Supreme Court Bar building, Khokan said, “As per Section 58 (1) of the Constitution, the ministers cannot take any opportunity from the state funds soon after their resignation.”
Section 58 (1) of the Constitution says, “The office of a minister, other than the Prime Minister, shall become vacant if he/she resigns by placing his/her resignation in the hands of the Prime Minister for submission to the President.” Khokan, also joint secretary of the BNP, alleged that members of law enforcement agencies have illegally arrested BNP lawmakers Moudud Ahmed and MK Anwar, without taking any approval from the Speaker.
As per the constitutional provisions, during the parliament session, law enforcement members cannot arrest any lawmaker without prior approval of the Speaker. But, the two BNP lawmakers were arrested illegally during the current parliament session as there were warrants of arrest against them in any specific case, he noted.
Former minister Nitay Roy Chowdhury, SCBA senior vice-president Advocate Wahliur Rahman and SCBA vice-president Shahjada Talukder and Barrister Ragib Rauf Chowdhury were also present during the briefing.
-With The Independent input
