The High Court has struck down a provision that required 'prior permission' from the government or employing authorities to arrest a civil servant on criminal charges, bdnews24.com reports.
In a ruling on Thursday, the court declared section 41(1) of the Public Service Act 2018 'illegal' on the grounds that it "violated the Constitution and fundamental rights".
Justice Md Mozibur Rahman Miah and Justice Kazi Md Ejarul Haque Akondo, who presided over the proceedings, had previously expressed their 'astonishment' over the provision during a hearing on a rule questioning its legitimacy.
The court opined that such provisions in the Public Service Act 2018 served to indemnify a particular group and encourage corruption.
The gazette for the law 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 Human Rights and Peace for Bangladesh, or HRPB, 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, scrapped and declared contradictory to the constitution.
Lawyer Manzil Morshed argued in support of a writ petition challenging the provision, while Deputy Attorney General Arobinda Kumar Roy represented the state.