The High Court on Wednesday observed that it’s one kind of immunity to add a provision in the law making it mandatory for police to take permission from higher authorities before arresting any civil servant on charges related to their job.
How does the government give immunity to a group of people in making laws, questioned the High Court bench of Justice Md Mozibur Rahman Miah and Justice Kazi Md Ejarul Haque Akondo during the hearing of a rule issued in this regard.
The bench also observed that such a provision would encourage corruption.
Following a writ petition, another High Court bench on October 21 in 2019 issued a rule asking the concerned bodies of the government to explain as to why Section 41(1) of the ‘Sarkari Chakori Ain, 2018’ has made it mandatory for police to take permission from higher authorities before arresting any civil servant on charges related to their job should not be declared unconstitutional and as to why the Section should not be scrapped.
Secretary to the Cabinet Division, secretaries to offices of the president and the prime minister, the Ministries of Public Administration and Law, and the Speaker of the National Parliament were made respondents to the rule.
The HC bench of Justice Moyeenul Islam Chowdhury and Justice Khandaker Diliruzzaman passed the order following a writ petition filed by Human Rights for Peace for Bangladesh (HRPB), a rights organization, challenging the legality of section 41(1) of the law.
Lawyer Manzil Murshid appeared in the rule hearing on behalf of the writ petitioner, while Deputy Attorney General Arabindo Kumar Roy represented the state.
In the hearing on Wednesday (August 24 in 2022) Manzil Murshid told the court that the Section of the law is discriminatory and contradictory to Article 27 of the Constitution.
Deputy Attorney General Arabindo Kumar Roy was arguing that the Section is not discriminatory as it is applicable to all civil servants.
Then the High Court bench said, “It’s one kind of immunity. How does the government give immunity to a group of people in making laws? It will encourage corruption to grow upper grade.”
Meanwhile, the High Court concluded the hearing on the rule on Wednesday and fixed Thursday (August 25) for delivering the verdict on the issue.
The government issued a gazette notification of the law on November 14 in 2018 saying that the law will be effective through another notification.
On September 26 of that year, the government issued the second gazette notification saying that the law will be effective from October 1 in 2018.
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 holder in connection with criminal cases before submitting the charge sheet.
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