Sarkari Chakori Ain 2018: Prior permission to arrest public servant discriminatory to Constitution: TIB

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Staff Reporter :
The Transparency International Bangladesh (TIB) on Monday said that the provision of obtaining prior permission from the government in case of arresting a public servant in the proposed Sarkari Chakori Ain 2018 is discriminatory and confronting to the Constitution.
According to the proposed provision, the Anti-Corruption Commission or police will require authoritative permission in arresting a public servant until the court framed charges against him or her over a specific complaint. It says that a government employee can be arrested before framing a charge only after taking prior permission from the authorities concerned. The TIB has expressed serious concern over the placing of the Draft Bill (Sarkari Chakori Ain 2018) in the Parliament on Sunday with the provision for the House’s approval.
State Minister for Public Administration Ismat Ara Sadique placed the Bill on Sunday. It was sent to the respective Parliamentary Standing Committee for Scrutiny. The committee has been asked to submit its report within three days.
In this backdrop, the TIB appealed to the Parliament not to pass the Proposed Bill of Sarkari Chakori Ain 2018 until the provision is excluded.
“The proposed provision is discriminatory and against our Constitution as there is no need of taking prior permission from the government to arrest a political personality or an ordinary citizen in case of criminal or other offences. This is an unequal provision and against the spirit of the Constitution. Because, in our constitution, equal rights of all of citizens of the country have been cited,” said Dr Iftekharuzzaman, Executive Director of Transparency International Bangladesh chapter in a statement on Monday.
He said this proposed provision will affect the government’s vision of building a transparent and accountable administration with skilled, pro-people and impartial bureaucracy.
“If the Bill is passed with such a provision, it will fuel corruption and irregularities in the Public Sector,” he said.
He said that this proposed provision requires a review for experts’ opinion through the concerned Parliamentary Standing Committee.
Under the proposed law, a civil servant may be suspended initially and he or she might lose his/her job finally if he or she is given capital punishment or punishment of more than one year in jail for their offences. The authorities could take departmental actions against him or her in case of a punishment of below one year’s jail term.
The proposed Bill brings in all the issues of the public servants under a single umbrella which is currently under various laws and regulations with regard to government jobs.

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