HC questions legality of taking permission before arresting public servants | The Daily Star
03:52 PM, October 21, 2019 / LAST MODIFIED: 03:59 PM, October 21, 2019

HC questions legality of taking permission before arresting public servants

The High Court today questioned the legality of a section of the Government Service Act 2018 which says that the law enforcers have to seek permission from the government to arrest public service holders in any criminal case against them.

The government issued a gazette notification of the law on November 14 last year saying that the law will be effective through another notification.

On September 26 this year, the government issued the second gazette notification saying that the law will be effective from October 1.

As per section 41 (1) of the Government Service Act, the law enforcers will have to take approval from the authorities concerned of the government for arresting any public service holders in connection with criminal cases before submitting the charge sheet.

Today, the HC issued a rule asking the respondents to explain in four weeks why the section 41 (1)  of the Government Service Act should not be declared contradictory to the relevant section of the constitutions and why it should not be scrapped.

Secretary to the cabinet division, offices of the president and prime minister, the ministries of public administration and law and speaker of Jatiya Sangsad have been made respondents to the rule.

The HC bench of Justice Moyeenul Islam Chowdury and Justice Khandaker Diliruzzaman came up with the rule following a writ petition filed by Human Rights for Peace for Bangladesh challenging the legality of the section 41 (1).

The petitioner’s lawyer Adv Manzill Murshed told the court that the section of the law is discriminatory and contradictory to the constitutions.

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