A High Court ruling that 'nullified' the requirement of prior permission to arrest civil servants on criminal charges under the Public Service Act has been put on hold on an appeal by the state.
A six-member Appellate Division bench, headed by Chief Justice Hasan Foez Siddiqui, issued the order after a hearing on Thursday, reports bdnews24.com.
After suspending the High Court order, the apex court adjourned proceedings until Sept 23.
Attorney General AM Amin Uddin appeared on behalf of the state, while lawyer Manzil Morshed represented the writ petitioner challenging the legality of the provision.
The gazette for the Public Service Act was issued in November 2018. Later in September 2019, the public administration ministry issued another gazette to put the law in force from October.
Section 41(1) of the law stipulates that the arrest of public servants on criminal charges related to official duties can only be made with prior permission from the government or employing authorities before a court accepts the charges.
The provision has drawn criticism from various quarters, with many raising questions about its compatibility with the constitution.
A rights group, Human Rights and Peace for Bangladesh, challenged the provision in the High Court two weeks after the law was put into practice.
After an initial hearing, the court issued a rule asking why Section 41(1) of the law should not be deemed illegal, repealed and declared contradictory to constitutional provisions.
Later on Aug 25, the panel of Justice Md Mozibur Rahman Miah and Justice Kazi Md Ejarul Haque Akondo upheld the rule, declaring the provision 'illegal' on the grounds that it "violated the constitution and fundamental rights".
The court opined that such provisions in the Public Service Act 2018 served to indemnify a particular group and encourage corruption.
The state subsequently lodged an appeal against the verdict with the Supreme Court.
Addressing the issue in parliament on Aug 29, State Minister for Public Administration Farhad Hossain said, “There is no immunity under the law for crimes committed by public officials in a personal capacity. Similar provisions exist in other countries, including India, so that government employees are not subjected to unnecessary harassment. It is also contained in Section 197 of the Code of Criminal Procedure.”
Ariful Islam, a journalist from Kurigram, also filed a writ petition in August 2021, challenging sections 41(1) and (3) of the law. The court gave a ruling after an initial hearing later in September. It is being judged by another High Court bench.
Ariful was allegedly assaulted in March last year and the writ plea prompted the High Court to ask why the authorities should not be directed to refrain from posting suspended deputy commissioner of Kurigram Sultana Perveen, and suspended executive magistrates Rintu Bikash Chakma and Nazim Uddin, to any office.
