THE government move to insert a new provision in the draft Public Service Act-2015 requiring law enforcers to seek the government’s permission for arresting a public servant before acceptance of charges has come under severe criticism. Many believe it aims at protecting government officials who may face allegations of corruption and irregularities under political cover. The fact that police can’t be able to arrest the official for questioning without government permission and without questioning the involvement of the official concerned in a case can’t be ascertained for preparing charge-sheet against him or her. Government officials may thus remain beyond the reach of law.
Most people in private professional bodies and civil society organizations have already joined in protesting it as a discriminatory move to unduly shelter public servants from facing police investigation and trial for alleged crimes. Transparency International Bangladesh (TIB) has dismissed the provision as contrary to the basic laws enshrined in the Constitution and urged the government to abandon it to make the rule of law equally applicable to all and discriminatory to none. In TIB’s view, which was made public in a statement on Tuesday said, such a provision would make room for more corruption and abuse of power in public sector.
The fact is that the Constitution has no provision to apply any special measures for any special group for the same crime. So the proposed provision goes against the constitutional promise of equal rights for all citizens. The TIB said the provision violates Article 27 of the Constitution, which stipulates “All citizens are equal before law and are entitled to equal protection of law. As per rule in criminal cases, there is no barrier even to arrest public representatives including parliamentary members or ministers, then why a public servant must be specially protected. Besides, the High Court in its judgment termed such benefits, included in 32 (Ka) of the Anti-Corruption Commission Act (Amended) 2013, Anti-Constitutional, the TIB said pointing out that the proposed Public Service Act also stands against the High Court judgment.
It appears that the Cabinet Secretary only is highly vocal to support the new provision saying, it would not be in conflict with the existing ACC Act. In his opinion it is an epoch-making step as the appointment and other activities of the civil servants have been in discussion now for change. But the question is that whatever changes in the act may be in discussion, it can’t go contrary to the basic laws. The government has no special power either to ignore the basic laws. We hope the government will not do anything which will allow proliferation of corruption at all level under special protection to public servants.
