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22 October, 2019 10:19:12 AM / LAST MODIFIED: 22 October, 2019 01:33:37 PM
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HC rule on govt nod to arrest public servants

STAFF REPORTER, Dhaka
HC rule on govt nod to arrest public servants

The High Court (HC) yesterday issued a rule asking the government to explain within four weeks why Section 41 (1) of the Government Service Act should not be declared contradictory to Section 26 (1, 2), 27 and 31 of the Constitution and why it should not be scrapped.

As per Section 41 (1) of the Government Service Act, law enforcers must take approval from the government before arresting any public servant in connection with criminal cases and submitting the charge-sheet. Section 41 (1) of the Government Service Act 2018 says that law enforcers have to seek government permission to arrest public service holders in any criminal case against them.

The government issued a gazette notification on the law on November 14 last year, saying the law would be made effective through another notification. On September 26 this year, the government issued the second gazette notification, saying the law would become effective from October 1. In response to a writ petition, the HC bench, comprising Justice Moyeenul Islam Chowdury and Justice Khandaker Diliruzzaman, issued the rule asking the government to come up with a reply within four weeks.

Secretary to the Cabinet Division, Offices of the President and Prime Minister, the public administration and law ministries, and the Speaker of the Jatiya Sangsad have been made respondents to the rule. Advocate Sarwar Ahad Chowdhury, advocate Eklash Uddin Bhuiyan and advocate Mahbubul Islam jointly filed the writ petition on behalf of the Human Rights for Peace for Bangladesh (HRPB), challenging the legality of Section 41 (1).

BK

 

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Editor : M. Shamsur Rahman
Published by the Editor on behalf of Independent Publications Limited at Media Printers, 446/H, Tejgaon I/A, Dhaka-1215.
Editorial, News & Commercial Offices : Beximco Media Complex, 149-150 Tejgaon I/A, Dhaka-1208, Bangladesh. GPO Box No. 934, Dhaka-1000.

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