Rallies in dhaka: Why DMP’s curbs should not be illegal?
The High Court yesterday questioned the legality of the rules that allow the police to prohibit assemblies and processions in Dhaka.
The court also issued a rule asking the authorities concerned of the government to explain within four weeks as to why section 29 of the Dhaka Metropolitan Police Ordinance, 1976, that empowers the law enforcers to prohibit assemblies and processions should not be declared illegal and unconstitutional.
Section 29 of the ordinance said, "Police commissioner may, by order in writing, prohibit any assembly or procession whenever and for so long as he considers such prohibition to be necessary for preservation of the public peace or safety: provided that on such prohibition shall be remaining in force for more than thirty days without the sanction of the government."
Law secretary and home secretary and commissioner of Dhaka Metropolitan Police have been made respondents.
The HC bench of Justice Md Mozibur Rahman Miah and Justice Kazi Md Ejarul Haque Akondo issued the rule following a writ petition challenging the legality of the sections.
On October 20, Supreme Court lawyers Abdul Momen Chowdhury and KM Zabir, Chandpur court's lawyer Salim Akbar, and two residents of Dhaka Shah Nuruzzaman and Mohammad Yasin jointly submitted the petition as a public interest litigation.
In the petition, they say sections 29 and 105 of the Metropolitan Police Ordinance are against article 37 of the constitution regarding the freedom of assembly.
According to section 105 of the ordinance, "No police officer shall be liable to any penalty or to payment of any damage on account of an act done in good faith in pursuance or intended pursuance of any duty imposed or any authority conferred on him by any provision of this ordnance or any other law for the time being in force or any rule, regulation, order or direction made or given there under."
Article 37 of the constitution says, "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."
Lawyer Abdul Momin Chowdhury argued for the petitioners, while Attorney General AM Amin Uddin and Deputy Attorney General Arobinda Kumar Roy opposed the petition during its hearing last week.
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