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Resignation of Abul: Some questions

The letter still lies in the PMO, triggering some more questions. Is Abul still ICT minister as his resignation has not reached the president and it was not given effect? Hasn't his post fallen vacant after his resignation?

Shakhawat Liton
IS Prime Minister Sheikh Hasina not crossing the line of jurisdiction by not submitting Syed Abdul Hossain's resignation letter to the president? Does she have such power to retain the resignation letter?
What does the Constitution say about the resignation of a minister? Article 58 (1) (a) of the Constitution says "the office of a minister other than the prime minister shall become vacant (a) if he resigns from office by placing his resignation in the hands of the prime minister for submission to the president."
The constitutional provision is very much clear. The premier has no jurisdiction to retain Abul's resignation. But she has been doing so for over a week since Abul submitted his resignation letter to her on July 23.
The constitution gives the PM enormous power regarding appointment and firing of a minister, state minister or deputy minister. She has authority to induct someone in her council of ministers. She has the power to request any member of the council of ministers to tender resignation, and if any member is requested by the PM to do so s/he is bound to follow her order. If s/he fails, the PM has authority to ask the president to terminate the appointment of such member.
But if one is willing to resign and submits his/her resignation, the PM has nothing to do but to send it to the president. There is no provision in the constitution that allows her to "accept" or "reject" or "retain" the resignation letter.
Abul is very much loyal and obedient to Hasina, but he had to resign from his position as state minister for Local Government and Rural Development (LGRD) on August 10, 1997, after his controversial visit to Singapore without the government's permission, using an ordinary passport instead of his diplomatic passport. His dubious visit gave rise to criticism in the political and public domain. Then PM Hasina did not take much time to respond to public sentiment by dropping him from her council of ministers.
But Hossain enjoyed the blessings of the prime minister. He was made communications minister. Even after his removal from the communications ministry following World Bank's allegation of corruption in Padma bridge project, Hasina created a new ministry -- Information and Communication Technology (ICT) -- and Abul was given charge of it.
It is obvious that Abul resigned from the cabinet on advice of the prime minister. The resignation letter is supposed to be sent to the Cabinet Division from the Prime Minister's Office, following which the Cabinet Division will prepare a summary and send it back to the PMO.
After that, the PMO will forward it to the president, and from Bangabhaban it will go back to the Cabinet Division. On receiving it, the Cabinet Division will issue the notification.
But the letter still lies in the PMO, triggering some more questions. Is Abul still ICT minister as his resignation has not reached the president and it was not given effect? Hasn't his post fallen vacant after his resignation?
On April 19, after Suranjit’s resignation, Prime Minister Hasina claimed that a minister remains in the post until the prime minister accepts his or her resignation and the president signs the resignation letter. At that time The Daily Star talked on
the matter with a number of eminent jurists. They said there is no provision in the constitution for acceptance of resignation.
The story of former state minister of home affairs Tanjim Ahmad Sohel Taj was more appalling. Taj resigned in June 2009 and left the country. Cabinet Secretary M. Musharraf
Hossain Bhuiyan told the press that since Taj's resignation was not accepted, he remains a minister without portfolio. This explanation also went against the constitution.
Finally, Sohel Taj was relieved in July this year following his resignation as member of parliament as resigning from parliament disqualified him from holding the office of state minister.
Given the situation, none can surely say what will happen regarding the resignation of Abul Hossain. He was made to resign to meet the World Bank's condition so the global money lender reviews its decision canceling the loan agreement with Bangladesh government to Padma bridge.
According to Article 21 (1) of the Constitution it is the duty of every citizen to abide by the constitution, but they, however, do not take any oath to do so. The president, the prime minister, ministers and other constitutional functionaries take oath to preserve, protect and defend the constitution. If the people running the country do not abide by the constitution despite taking oath, then how will the constitution's supremacy be upheld?
The writer is a senior reporter of The Daily Star.