The Appellate Division of the Supreme Court on Wednesday refused to stay the High Court verdict that scrapped a provision of the ‘Sarkari Chakori Ain, 2018’ making it mandatory for law enforcers to take prior permission from higher authorities in arresting any civil servant on charges related to their job before submitting the charge sheet.
Justice M Enayetur Rahim, the chamber judge of the Appellate Division of the SC, declined to pass any stay order on the HC judgement during hearing a petition filed by the state seeking stay on the HC verdict.
The apex court judge, however, sent the petition of the state to its full bench for further hearing on the matter on Thursday (September 1).
Attorney General AM Amin Uddin appeared for the state while writ petitioner's lawyer Manzill Murshid opposed the state's petition against the HC verdict.
The High Court in a verdict on August 25 this year said that Section 41(1) of the Government Service Act, 2018 is illegal, unconstitutional and violative of the fundamental rights as it provides special protection to a section of people.
The High Court bench of Justice Md Mozibur Rahman Miah and Justice Kazi Md Ejarul Haque Akondo delivered the verdict after hearing a writ petition filed challenging the legality of the provision.
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 in 2019, the government issued the second gazette notification saying that the law will be effective from October 1 in 2019.
As per Section 41(1) of the ‘Sarkari Chakori Ain, 2018’ (Government Service Act, 2018) 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.
Later rights organisation Human Rights for Peace for Bangladesh (HRPB) filed a writ petition challenging the legality of Section 41(1) of the law on October 14 in 2019.
