Permission for arresting govt officials: SC allows state to appeal against HC verdict

The Supreme Court has allowed the state to appeal against the High Court's verdict quashing the provision of taking prior permission from the government to arrest government employees. 

At the same time, the order said that the judgment of the High Court will be suspended until the appeal is disposed of.

The Appellate Division headed by Chief Justice Hasan Foez Siddique gave this order on Sunday (6 November).

On 1 September, the Appellate Division suspended the judgment of the High Court canceling the provision of taking prior permission of the government for the arrest of government employees.

At the same time, the state side was asked to file a leave to appeal against the judgment of the High Court.

On that day, Advocate Manzil Morsed was in favor of the writ in the court. Attorney General AM Amin Uddin appeared for the state.

Attorney General AM Amin Uddin said that the High Court's judgment was suspended by the Appellate Division. As a result, section 41(1) of the Public Service Act, 2018, which provides for taking prior permission of the government to arrest government servants, still remains in force.

Earlier, on 25 August, the High Court bench of Justice Md Mojibur Rahman Mia and Justice Kazi Md Izarul Haque Akand scrapped the provision of taking the government's prior permission to arrest government employees. The High Court said that Section 41(1) of the Public Service Act, 2018 is illegal, unconstitutional and violates fundamental rights.

Later, the state applied to the Appellate Division seeking suspension of this verdict.