Explain why it shouldn’t be declared illegal | The Daily Star
12:00 AM, October 22, 2019 / LAST MODIFIED: 03:29 AM, October 22, 2019

Explain why it shouldn’t be declared illegal

HC tells govt about provision for permission to arrest public servants

The High Court yesterday issued a rule asking the government to explain why seeking permission from the authorities concerned before arresting a government employee in criminal cases should not be declared illegal and contradictory to the constitution.

The bench of Justice Moyeenul Islam Chowdhury and Justice Khandaker Diliruzzaman issued the rule following a writ petition.

The HC wanted to know within four weeks why the section 41 (1) of the Government Service Act-2018 should not be declared illegal and contradictory to the articles 26 (1) (2), 27 and 31 of the constitution.

The cabinet secretary, secretaries to the prime minister and president’s offices, to the public administration and law ministries, and Speaker of parliament were made respondents to the rule.

On October 14, three lawyers -- Sarwar Ahad Chowdhury, Eklas Uddin Bhuiya and Mahbubul Islam -- filed the petition on behalf of Human Rights and Peace for Bangladesh.

Manzill Murshid stood for the petitioner, while Deputy Attorney General Saifuddin Khaled represented the state.

The government issued a gazette notification of the law on November 14, 2018.

According to the section 41 (1) of the act, the authorities concerned have to take permission from the employer concerned or the government for arresting any government employee in criminal cases.

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