Staff Reporter :
The Appellate Division of the Supreme Court on Thursday stayed the High Court verdict that scrapped a provision of the ‘Sarkari Chakori Ain, 2018’ making it mandatory for law enforcers to take prior permission from higher authorities in arresting any civil servant on charges related to their job before submitting the charge sheet.
The apex court at the same time adjourned the hearing on the petition filed against the HC verdict till October 23 this year. It also asked the government to file a leave to appeal petition against the judgement by this time.
A six-member bench of the Appellate Division headed by Chief Justice Hasan Foez Siddique passed the order following a petition filed by the government seeking stay on the HC verdict.
In a landmark verdict the High Court on August 25 this year ruled that Section 41(1) of the Government Service Act, 2018, that had made it mandatory for law enforcers to take prior permission in arresting any civil servant on charges related to their job, is illegal, unconstitutional and counters 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 state filed an appeal petition seeking stay on the HC verdict. The chamber court of the Appellate Division sent the matter to the regular bench of the apex court and fixed Thursday for hearing on it.
Attorney General AM Amin Uddin appeared in the hearing for the state, while writ petitioner’s lawyer Manzill Murshid opposed the state’s petition against the HC verdict.
Later Advocate Manzill Murhsid said the Appellate Division has stayed the HC verdict till October 23 and the state has been asked to file leave to appeal petition by this time.
Attorney General AM Amin Uddin earlier said, “Many false cases are filed in order to harass the government servants. As a result they have to suffer a lot. The provision was added in the act to alleviate this suffering and facilitate government work.”
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.
