Staff Reporter :
The High Court on Sunday questioned the legality of the controversial provision of a government service law which has made it mandatory for police to take permission from higher authorities before arresting any civil servant on charges related to their job.
The court issued a rule upon the respondents to explain in four weeks as to why the Section 41(1) of the ‘Sarkari Chakori Ain, 2018’ that has made it mandatory for police to
take permission from higher authorities before arresting any civil servant on charges related to their job should not be declared unconstitutional.
The High Court bench of Justice M Enayetur Rahim and Justice Md Mostafizur Rahman passed the order after holding hearing on a writ petition filed in this regard.
Ariful Islam Regan, a journalist working from Kurigram, filed the writ petition on August 3 this year challenging the Section 41(1) of the ‘Sarkari Chakori Ain, 2018’.
According to the Section 41(1) of the ‘Sarkari Chakori Ain, 2018 (Government Service Act, 2018)’, law enforcers must take permission from appropriate authorities before arresting a civil servant for a criminal offence committed while on official duty before the court accepts its charge sheet.
The High Court also asked the respondents to explain as to why they should not be directed to be refrained from giving posting to suspended deputy commissioner of Kurigram Sultana Perveen, and suspended executive magistrates Rintu Bikash Chakma and Nazim Uddin, who allegedly assaulted journalist Ariful Islam Regan in March last year, to any office.
In the ruling the court also wanted to know from the respondents as why the decision of giving posting to suspended executive magistrate SM Rahatul Islam as assistant commissioner of Barishal should not be declared illegal, as they are all fugitive in the eye of law, said Advocate Ishrat Hasan, a counsel for the writ petitioner.
Cabinet Secretary, Home Secretary, Law Secretary and Public Administration Secretary and Sultana Perveen, Rintu Bikash Chakma, Nazim Uddin and SM Rahatul Islam have been made respondents to the rule.
Lawyer Ishrat Hasan said earlier that a mobile court of Kurigram district administration, led by three assistant commissioners, allegedly following DC Sultana’s directives, sentenced Ariful Islam, Kurigram District Correspondent for Dhaka Tribune and Bangla Tribune, to one-year imprisonment after his arrest from his home on charge of possessing narcotics.
The journalist was sued after publishing a report involving the DC, said Ariful earlier.
The High Court on March 23 last year directed police to immediately record Ariful Islam’s assault and attempted murder case against the then DC Sultana Perveen, three of her colleagues, and the Ansar personnel concerned.
The then DC and the three assistant commissioners, who were suspended, are fugitives in the eye of law as they are yet to secure bail and surrender to the trial court in connection with the case, the lawyer said.
She also said the police have not arrested Sultana Perveen, Rintu Bikash Chakma, Nazim Uddin and SM Rahatul Islam in the case due to the controversial Section 41 of the ‘Sarkari Chakori Ain, 2018’.
