A Supreme Court lawyer, Aslam Mia, has served a legal notice on the relevant authorities seeking verification of Foreign Minister Dr. Khalilur Rahman and State Minister for Foreign Affairs Humayun Kabir's alleged "foreign citizenship and allegiance to a foreign state," as well as the "constitutional validity" of their appointments and oaths of office.
The notice was sent on Tuesday to the Chief Election Commissioner, Cabinet Secretary, Secretary of 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 Bangladesh Parliament Secretariat.
The notice asks for a response within seven days. Aslam Mia told journalists that if no response is received within the stipulated period, he will file a writ petition with the High Court.
Asked why he had issued the notice, Aslam Mia said the issue had come to his attention through discussions in various news media and other sources regarding the foreign citizenship of Dr. Khalilur Rahman and Humayun Kabir.
"During the Yunus government, the current Home Minister said at a public rally that Dr. Khalilur Rahman holds American citizenship. The question was also raised as to how he could hold a state position. Later, after Khalil Sahib took charge as foreign minister, we learned that he too has foreign citizenship.
"We want to know the actual truth behind the controversy over their citizenship," Aslam Mia further said.
The legal notice quotes Article 56(2) of the Constitution, which provides 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 must be appointed from among members of Parliament, while no more than one-tenth may be appointed from among persons qualified for election as members of Parliament.
Under Article 66(1) of the Constitution, a person who is a citizen of Bangladesh and is at least 25 years old is qualified to be elected as a Member of Parliament (MP).
Article 66(2)(c) states that a person is disqualified from being elected as, or remaining a member of Parliament if they acquire the citizenship of a foreign state or acknowledge or affirm allegiance to a foreign state.
However, Article 66(2A) provides that where a Bangladeshi citizen acquires the citizenship of a foreign state and subsequently renounces that foreign citizenship in the case of dual citizenship, the person will not be regarded as having acquired foreign citizenship for the purposes of that provision.
Article 66(4) states that the provisions of the article apply to the President, Prime Minister, Speaker or Deputy Speaker, ministers, state ministers and deputy ministers, among other positions.
The notice seeks verification of Dr. Khalilur Rahman's current citizenship status, including whether he has ever held foreign citizenship, whether he currently has or previously had a foreign passport, and, if he has held foreign citizenship, whether he has renounced it. If he has renounced the citizenship, the notice seeks the date on which it was renounced and the date on which the renunciation was accepted.
The notice notes that Dr. Khalilur Rahman took oath as foreign minister on 17 February 2026 and calls for verification of whether he met the constitutional requirements at the time of his appointment and oath-taking.
It also states that the constitutional qualifications for becoming a Member of Parliament (MP) are relevant even when a person who is not an MP is appointed as a minister or state minister.
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