Petition filed with HC challenging police's authority to prohibit processions

A writ petition has been filed with the High Court challenging the legality of the rules of the Dhaka Metropolitan Police Ordinance which allowed the police to prohibit assemblies and processions and gave them (police) impunity from liabilities of any damage.

Abdul Momen Chowdhury and KM Zabir of the Supreme Court, Salim Akbar of the Chandpur Court, and two Dhaka residents Shah Nuruzzaman and Mohammad Yasin, filed the petition on October 20, 2022, as a public interest litigation with the HC, claiming that two sections 29 and 105 of the Dhaka Metropolitan Police Ordinance, 1976, are contradictory to the constitution.

The petitioners said the sections 29 and 105 of the Metropolitan Police Ordinance are against article 37 of constitution regarding the freedom of assembly.

Acording to Article 37, "Every citizen shall have the right to assemble and to participate in public meetings and processions peacefully and without arms, subject to any reasonable restrictions imposed by law in the interests of public order or public health."

After a brief hearing on the petition, the HC bench of Justice Md Mozibur Rahman Miah and Justice Kazi Md Ejarul Haque Akondo today (October 26, 2022) fixed tomorrow for further hearing on the matter.

Lawyer Abdul Momen Chowdhury argued for the petitioners, while Deputy Attorney General Arobinda Kumar Roy represented the state during the hearing.