Why power of police commissioner to ban processions not unconstitutional: HC

The High Court on Sunday asked the authorities concerned to explain why the provisions relating to the power of the police commissioner to ban any assembly or procession should not be declared illegal and unconstitutional.

The HC bench of Justice Md Mozibur Rahman Mia and Justice Kazi Md Ejarul Haque Akondo issued the rule following a writ petition filed by Supreme Court lawyer Abdul Momen Chowdhury.

The home secretary, law secretary, inspector general of police, Dhaka Metropolitan Police commissioner and others concerned were asked to explain the rule within four weeks.

The writ was filed challenging the validity of Section 29 of the Police Act, which deals with the power to ban processions. 

In the writ, directions were sought to declare Section 29 of the act inconsistent with the Constitution.

Advocate Abdul Momen Chowdhury, along with four others, filed the public interest litigation on 26 October.

Chowdhury moved in favour of the writ, while Attorney General AM Amin Uddin represented the state.

Section 29 of the Police Act states, "The police commissioner may, by written order, prohibit any public assembly or procession whenever and for whichever period he considers necessary for the protection of public peace or safety. However, no such prohibition shall remain in force for more than 30 days without the permission of the government."