DHAKA, 25 Aug, 2022 (BSS) - The High Court (HC) today scraped the section 41 (1) of the ‘Public Service Act, 2018’ prohibiting arrest of government employees without prior permission of the authorities saying the provision is conflicting with the Constitution.
A High Court Division bench comprising Justice Md Mozibur Rahman Miah and Justice Kazi Md Ejarul Haque Akondo passed the order.
The ‘Public Service Act’ was enacted in November 2018. A writ petition was filed with the HC on behalf of human rights organization Human Rights and Peace for Bangladesh (HRPB) stating that section 41 (1) of the act privileged the government employees and it is inconsistent with several articles of the Constitution.
The HC later issued a ruling asking the concerned authorities as to why section 41 (1) of the Public Service Act should not be declared inconsistent with certain articles of the Constitution.
After completing the hearing on Wednesday, the court delivered the verdict this morning.
Senior advocate Manzil Morshed, Lawyers Ekhlas Uddin Bhuiyan, Ripon Barei and Sanjay Mondal stood for the petitioners. Deputy Attorney General Arvinda Kumar Roy appeared for the state.
“The court in its verdict said according to the article 27 of the Constitution of Bangladesh- all citizens are equal to the law. The section of Public Service Act is discriminatory to the article, as well as the constitution,” Advocate Manzil Morshed told the newsmen.
The court observed that the provision was made for a malafide intention, he said, adding that, “So the clause is declared illegal and contrary to the constitution and fundamental rights”.
Manzil Morshed also said it was shown to the court that this law separated government employees from ordinary citizens and glorified them as a special class, ensuring them safeguard against crimes, which was curtailing the independence of the Anti Corruption Commission (ACC) in many ways.
As a result of today’s judgment, prior permission of the authorities will not be needed to arrest government employees.
