Why prior permission to arrest public servants should not be declared illegal: High Court
Secretary to the cabinet division, offices of the president and prime minister, the ministries of public administration and law and speaker of Jatiya Sangsad have been made respondents to the rule
The High Court on Monday issued a rule asking the government to explain in four weeks why the section 41 (1) of the Government Service Act should not be declared illegal.
Secretary to the cabinet division, offices of the president and prime minister, the ministries of public administration and law and speaker of Jatiya Sangsad have been made respondents to the rule.
As per section 41 (1) of the Government Service Act, the law enforcers will have to take approval from the authorities concerned of the government for arresting any public service holders in connection with criminal cases before submitting the charge sheet.
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The HC bench of Justice Moyeenul Islam Chowdury and Justice Khandaker Diliruzzaman passed the order after hearing a public interest litigation filed by the Human Rights for Peace for Bangladesh.
Advocate Manzill Murshed appeared for the petitioner while Deputy Attorney General Saifuddin Khaled stood for the state.
The High Court also asked the respondents why the section 41 (1) should not be declared contradictory to the sections 26 (1) & (2), 27 and 32 of the constitution, and why it should not be scrapped.
The government issued a gazette notification of the law on November 14 last year saying that the law will be effective through another notification.
On September 26 this year, the government issued the second gazette notification saying that the law will be effective from October 1.
Advocate Manzill Murshed said challenging the legality of the section 41 (1), the public interest litigation was filed on October 14.
The High Court issued the rule on Monday after hearing the petition, he added.
