Arrest of public servants: Govt now can appeal against HC verdict

The Appellate Division of the Supreme Court today (November 6, 2022) allowed the government to move an appeal against a High Court verdict that cleared the way for law enforcers to arrest government employees in criminal cases without permission from the authorities concerned.

The apex court also extended its stay order on the HC verdict until further directive.

The Appellate Division's order means that law enforcers cannot arrest government employees in criminal cases without permission from the authorities concerned.

A full bench of the Appellate Division headed by Chief Justice Hasan Foez Siddique passed the order following a leave to appeal petition filed by the government challenging the HC judgement.

Other judges of the bench are Justice Md Nuruzzaman; Justice Obaidul Hassan; Justice Borhanuddin and Justice M Enayetur Rahim.

On September 1, the Appellate Division stayed the HC verdict till today asking the government to file a leave to appeal petition with this court against the HC judgement in the case.

Attorney General AM Amin Uddin appeared for the government, while senior lawyer Manzill Murshid argued for the writ petition during hearing the leave to appeal petition today.

In a landmark verdict, the HC on August 25 scrapped section 41 (1) of the Government Service Act 2018 and also declared the provision contradictory to the fundamental rights and the constitution.

The section 41 (1) of the law stated that the law enforcers will have to take approval from the authorities concerned of the government for arresting public servants in connection with criminal cases before submitting the charge sheet.