Staff Reporter :
The High Court on Thursday scrapped a provision of the ‘Sarkari Chakori Ain, 2018’ that had made it mandatory for law enforcers to take prior permission from higher authorities before arresting any civil servant on charges related to their job before submitting the charge sheet.
The court said that Section 41(1) of the Government Service Act, 2018 is illegal, unconstitutional and violative of the fundamental rights as it provides special protection to a section of people.
The High Court bench of Justice Md Mozibur Rahman Miah and Justice Kazi Md Ejarul Haque Akondo delivered the verdict after hearing a writ petition filed challenging the legality of the provision.
The government issued a gazette notification of the law on November 14 in 2018 saying that the law will be effective through another notification.
On September 26 in 2019, the government issued the second gazette notification saying that the law will be effective from October 1 in 2019.
As per Section 41(1) of the ‘Sarkari Chakori Ain, 2018’ (Government Service Act, 2018) the law enforcers will have to take approval from the authorities concerned of the government for arresting any public service holder in connection with criminal cases before submitting the charge sheet.
Later rights organization Human Rights for Peace for Bangladesh (HRPB) filed a writ petition challenging the legality of Section 41(1) of the law on October 14 in 2019.
Following the writ petition a High Court bench on October 21 in 2019 issued a rule asking the concerned bodies of the government to explain as to why 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 and as to why the Section should not be scrapped.
Secretary to the Cabinet Division, Offices of the President and the Prime Minister, the Ministries of Public Administration and Law, and Speaker of the National Parliament were made respondents to the rule.
After hearing the High Court on Thursday (August 25 in 2022) declared the rule absolute.
Lawyer Manzill Murshid appeared in the rule hearing on behalf of the writ petitioner, while Deputy Attorney General Arabindo Kumar Roy represented the state and lawyer Khurshid Alam Khan appeared for the ACC.
Later Mr Manzill Murshid said, “The judges are free to exercise their judicial jurisdiction. But this provision bars even the court’s arrest warrant to be enforceable before submitting a charge sheet in the criminal cases against the government service holders.
After detail hearing the court has declared the rule absolute. So now the law enforcers don’t need to take any permission from the higher authorities before arresting government service holders in criminal cases related to their job.”
Attorney General AM Amin Uddin told the reporters that they will filed appeal petition against the High Court verdict.
