Public servants’ arrest without prior nod: SC stays HC verdict
The Appellate Division of the Supreme Court today (September 1, 2022) stayed -- till October 23 -- the High Court verdict that cleared the way for law enforcers to arrest government employees in criminal cases without permission from authorities concerned.
The apex court also asked the government to file a leave to appeal petition against the HC judgement by October 23.
A six-member bench of the Appellate Division headed by Chief Justice Hasan Foez Siddique passed the order following a petition filed by the government seeking stay on the HC verdict.
Five other members of the SC bench are Justice Md Nuruzzaman, Justice Obaidul Hassan, Justice Borhanuddin, Justice M Enayetur Rahim and Justice Krishna Debnath.
Writ petitioner's lawyer Manzill Murshid told The Daily Star that section 41 (1) of the Government Service Act 2018, which has mandated seeking permission from the government for the law enforcers to arrest public servants in any criminal cases, is now in force.
It means the law enforcers need permission from the government to arrest any public service holder in a criminal case.
The Appellate Division stayed the HC verdict as it will examine the verdict and the law in question through hearing the leave to appeal petition, Manzill Murshid added.
Attorney General appeared for the government during hearing the stay petition today.
The government on Wednesday (August 31, 2022) filed the petition with the Appellate Division seeking stay on a High Court verdict.
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.
Delivering verdict on a writ petition filed by Human Rights and Peace for Bangladesh (HRPB), the HC observed that section 41 (1) of the Government Service Act 2018 has given protection to a particular section of people which is contradictory to articles 26, 27 and 31 of the constitution.