The High Court (HC) on Sunday questioned the legality of the jurisdiction of the Dhaka Metropolitan Police (DMP) in prohibiting any assembly or procession in Dhaka city.
It has issued a rule upon the concerned bodies to explain in four weeks as to why the provision 29 of the Dhaka Metropolitan Police Ordinance, 1976 that empowered the Commissioner of Dhaka Metropolitan Police to prohibit any assembly or procession should not be declared unconstitutional.
Law Secretary, Home Secretary and Dhaka Metropolitan Police Commissioner and other respondents have been asked to comply with the rule.
The High Court bench of Justice Md Mozibur Rahman Miah and Justice Kazi Md Ejarul Haque Akondo passed the order after hearing a writ petition filed in this regard.
Advocate Abdul Momen Chowdhury, one of the petitioners, appeared in the court hearing in support of their petition, while Attorney General AM Amin Uddin and Deputy Attorney General Arabindo Kumar Roy represented the state.
Later Mr Chowdhury said, "We challenged two sections, 29 and 105, of the Dhaka Metropolitan Police Ordinance, 1976. However, the court has issued rule over he legality of section 29 that empowered the DMP Commissioner to prohibit procession."
In the hearing the lawyer said, "Section 29 of the DMP Ordinance is contrary to the Article 37 of the Constitution. Article 37 has given right to every citizen to assemble and to participate in public meetings and processions peacefully subject to any reasonable restrictions. However, the DMP Ordinance section has given power police to prohibit assembly or procession."
The lawyer further argued that restriction and prohibition are not synonymous word. Those have different meanings.
Attorney General AM Amin Uddin vehemently opposed the petition and said, "The right to assembly and procession is regulated. It has to be regulated subject to the restrictions imposed by laws. This is not absolute power. As per Article 21 of the Constitution, it is the responsibility and duty of every citizen to obey the Constitution and laws, maintain order, perform civic duties, and protect national property."
He further said, "The police are the forces engaged in maintaining law and order. And section 29 of the DMP Ordinance is for the sake of maintaining peace and order. It did not confer much power on the DMP Commissioner. He imposes prohibition in the interest of public order or public health."
Laywer Abdul Momen Chowdhury and four others filed the petition on October 20 as a public interest litigation.