According to the Constitution, there is no scope for criminal proceedings against the President while in office. However, there is ongoing debate among various quarters as to whether that constitutional protection applies to actions taken before becoming President or after leaving office.
Meanwhile, on Sunday, two separate complaints were filed with the prosecution of the International Crimes Tribunal by the Bangladesh Azad Party and the Rashtro Sanglap Forum, seeking an investigation into allegations of crimes against humanity against former President Md. Shahabuddin.
Regarding this, Law Minister Md. Asaduzzaman said that the allegations raised about the former President's past activities are being examined. Necessary action will be taken according to the provisions of the law after the investigation is completed.
He informed that allegations have also been received regarding the activities of Md. Shahabuddin during his tenure as a commissioner of the Anti-Corruption Commission and as a director of Islami Bank. These allegations are being impartially scrutinized, and a decision will be made based on the investigation.
On the other hand, regarding the demand to arrest the former President, Home Minister Salahuddin Ahmed said that while serving as President, he was under constitutional protection. There was no scope for criminal cases or judicial proceedings against him during that time.
He further said that as a former President, he will receive all the facilities determined by law. This includes necessary measures through SSF, PGR, and other agencies to ensure security.
Two separate complaints at the Tribunal
The Bangladesh Azad Party and the Rashtro Sanglap Forum have filed separate complaints with the prosecution of the International Crimes Tribunal, demanding an investigation into the role of Md. Shahabuddin in various human rights violations, including the July mass uprising.
Chief Prosecutor Md. Aminul Islam said that there is a rule to send the complaints to the investigation agency. If they are formally presented to him, they will be sent to the investigation agency according to the rules.
The convener of the Bangladesh Azad Party, retired Colonel Hasinur Rahman, alleged that there is a need to investigate the role of Md. Shahabuddin as head of state in the July mass uprising, enforced disappearances, murders, and other human rights violations.
On the other hand, the member secretary of the Rashtro Sanglap Forum, Al Noor Md. Ayas, claimed in the complaint that the role of Md. Shahabuddin in the violence related to the July mass uprising, human rights violations, and during his tenure as President should be evaluated through an impartial investigation.
Position on investigation into financial irregularities
Bangladesh Bank spokesperson Arif Hossain Khan said that there is no plan to conduct any separate financial investigation targeting Md. Shahabuddin.
He said that if any individual's involvement is found in the ongoing investigations of various banks and financial institutions, action will be taken according to the existing laws. The goal of Bangladesh Bank is to ensure good governance in the financial sector by investigating institution-based irregularities.
Report related to Islami Bank
Lawyers concerned said that a report by the Bangladesh Financial Intelligence Unit (BFIU) mentioned information about the involvement of Md. Shahabuddin and his organizations in alleged irregularities related to shares and loans of Islami Bank.
Lawyer Mohammad Shishir Monir, associated with the case, said that a report has been submitted to the High Court in this regard, and the court has ordered the Anti-Corruption Commission to investigate. A hearing on this matter is scheduled for next Wednesday.
The report mentioned that in 2017, Md. Shahabuddin joined the board of directors of Islami Bank as a nominated director of JMC Builders. He later served as the vice chairman of the bank and remained in that position until February 2023, when he assumed the office of President.
