BNP to protect Shahabuddin for Three Reasons

Although various political parties and organizations have demanded the arrest and trial of former President Mohammed Shahabuddin, the government remains firm in its decision to provide him with legal protection and lawful amenities.

According to multiple sources at the government's policy-making level, this issue is not merely about protecting a former president's constitutional rights; rather, it also concerns his significant role in maintaining the constitutional continuity of the state after the political shift on August 5, 2024, managing the power transfer crisis, and ensuring the transition to an interim administrative system. These three aspects are among the primary considerations in the government's assessment.

Furthermore, Mohammed Shahabuddin is physically unwell, and the ruling powers also wish to maintain stability within the government. For these reasons, the government is not inclined to take any action against him based on political pressure or demands. However, the government also believes that if there were specific allegations against him before he became president, those would be resolved through the existing legal process. Following the resignation of then-Prime Minister Sheikh Hasina on August 5, 2024, amid the student-public uprising, and her departure to India, the state remained without a government for three days. Subsequently, on August 8, an interim government was formed under the leadership of Dr. Muhammad Yunus. During this period, BNP was seen supporting Mohammed Shahabuddin's continued presidency. In this context as well, the party raised the issue of preserving constitutional continuity. Although there were several attempts to remove him during the interim government's tenure, BNP's support for the president prevented it.

Sources indicate that the government also believes that if the constitutional framework of the state had collapsed after August 5, it could have led to long-term uncertainty in the country. This could have also made holding elections for the transition to democracy uncertain and delayed. During that critical time, as President, Mohammed Shahabuddin ensured the continuation of the constitutional process, facilitated the constitutional path for forming the interim administrative structure, and made necessary state decisions regarding the power transfer process. This was possible due to President Shahabuddin's firmness at the time. For this reason, even with political allegations against him, the government distinguishes them from the performance of his constitutional duties. According to the government's position, maintaining the rule of law while also preserving the dignity of the state's highest constitutional office is equally important.

President Mohammed Shahabuddin resigned last Friday, citing physical illness. Immediately after, the NCP held a press conference formally demanding his arrest and trial. Their allegation is that he assumed the presidency during the fascist Awami League government, and his subsequent actions and statements have generated controversy. Citing allegations of communication with Sheikh Hasina, certain comments regarding the July uprising, and various past issues, parties are demanding action against him. Several organizations, including the Inkilab Mancha, have also carried out programs with the same demand. Furthermore, last Sunday, two organizations – Bangladesh Azadi Party and the Rashtro Sanglap Forum – submitted written demands to the International Crimes Tribunal to investigate and bring him under the law.

Government Stance: Political Demands and Legal Questions Are Separate

However, the government's position is that political demands and legal questions are not the same issue. To take action against any individual, there must be a specific legal basis. Particularly, the protection afforded by the constitution for performing presidential duties cannot be overlooked.

Home Minister Salahuddin Ahmed said last Sunday, "During his tenure as President—through the final phase of the autocracy, the entire interim government period, and the current political government—he performed his duties in accordance with rules and the constitution. We received the President's cooperation. According to the constitution, he is privileged; he has indemnity. Criminal cases or other matters cannot be filed against him in court regarding his official duties. If any party makes statements, that is their freedom; they may do so. But I see nothing worth taking into consideration. However, any allegations from outside his tenure may be considered according to existing law."

Meanwhile, Acting President and Speaker of the National Parliament, Hafiz Uddin Ahmed, also recently stated that although Mohammed Shahabuddin was appointed as president during the fascist era, after August 5 he took a stance in favor of public interest and constitutional processes. Sources believe this statement is also consistent with the government's assessment.

Government sources have indicated that the biggest challenge after the political shift on August 5 was preventing a constitutional vacuum. At that time, the President's office consistently followed constitutional processes to pave the way for forming the interim administrative structure. The President's role in maintaining continuity in the state's executive functions, approving key constitutional decisions, and ensuring a peaceful transition to the new political reality has been positively assessed by the government.

Professor Dr. Md. Shamsul Alam, from the Department of Government and Politics at Jahangirnagar University, told Agamir Somoy, "During the crisis after August 5, 2024, then-President Mohammed Shahabuddin and the Army Chief played a very important role in preserving constitutional continuity. Because of that, although there were fears of major anarchy breaking out in the country, it did not happen to that extent. If the President had resigned at that time for any reason, a large-scale constitutional crisis would have generated. This could have delayed the much-anticipated elections. So, BNP's position in support of the President at that time was correct."

"The President has now resigned due to illness, and the Speaker has assumed responsibilities according to the constitution—these matters are intrinsically linked to the country's political stability. Regarding the demands raised by one or two parties for Mohammed Shahabuddin's arrest and trial, I believe the statements made by the Home Minister or the Law Minister are quite appropriate," he added.