The High Court has called into question the legality of a statutory provision invoked by Dhaka Metropolitan Police to ban gatherings and processions in the capital in light of constitutional norms, bdnews24.com reports.
In a rule issued on Sunday, the panel of Justice Md Mozibur Rahman Miah and Justice Kazi Md Ejarul Haque Akondo asked why section 29 of the Dhaka Metropolitan Police Ordinance should not be declared 'illegal'.
The law and home secretaries and the commissioner of Dhaka Metropolitan Police have been asked to respond to the rule, stemming from a public interest litigation petition.
Advocate Abdul Momen Chowdhury represented the petitioners in court, while Attorney General AM Amin Uddin appeared for the state.
The writ petition was filed by Supreme Court lawyer Abdul Momen Chowdhury on Oct 20. The other petitioners are KM Jabir, Chandpur Bar Association member Salim Akbar, and residents of the capital, Shah Nuruzzaman and Mohammad Yasin. The court later conducted hearings on the matter on Wednesday and Thursday.
The writ petition challenges the validity of sections 29 and 105 of the Dhaka Metropolitan Police Ordinance on the grounds that these are incompatible with the constitution.
Section 29 of the DMP Ordinance empowers the commissioner to issue a written order banning any assembly or procession at any time and for any duration, not exceeding 30 days, he deems necessary for the preservation of the public peace or safety.
Meanwhile, section 105 protects police officers from liability for any act 'done in good faith' in the course of enforcng the provisions of the DMP Ordinance or any other law, rule, or regulation.
However, the petitioners argue that these provisions are at odds with Article 37 of the constitution, which enshrines the right of citizens to assemble and participate in public meetings and processions peacefully and without arms.
