Govt to file leave to appeal to review HC ruling over arresting officials
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State Minister for Public Administration Farhad Hossain today (August 29, 2022) told parliament that the government will go for leave to appeal to review the recent ruling of the High Court.
In the verdict, the High Court said that prior permission is no longer required in Bangladesh to arrest a government official for a criminal offence.
The state minister while speaking in a bill titled, "Public Service (Amendment) Bill, 2022", said that there was no indemnity for the public servants for their personal crime.
The junior minister in his speech mentioned that the clause was inducted in the law to avert public servants from unnecessary harassment which exists in many countries across the globe including India.
On August 25, a High Court bench of justice Md Mozibur Rahman Miah and Kazi Md Ejarul Haque Akondo passed the order, after striking down a provision of the Public Service Act, 2018, describing it as "unconstitutional".
"Constitution is the country's main law and as per the Constitution, everyone is equal in the eyes of the law," the court observed.
"A section has been given special facilities by enacting the provision of getting prior permission to arrest government employees, which is sheer discrimination and violence of articles 26, 27 and 31 of the Constitution," the bench said.
On November 14, 2018, a gazette was issued on Public Service Act, 2018. It was published on September 26, 2019, and came into effect on October 1, 2019.
According to Section 41(1) of the Act, prior permission is needed from the government or higher authorities to arrest a government officer for a criminal offence.
On October 14, 2019, a writ petition was filed challenging the legality of Section 41 (1) of the Act.
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