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Why approval required to arrest public servants not illegal: HC
The High Court

Why approval required to arrest public servants not illegal: HC

Dhaka, Oct 21 – The High Court (HC)on Tuesday issued a rule asking the government to explain within four weeks why the section 41 (1) of the Government Service Act should not be declared contradictory to the 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, the law enforcers will have to take approval from the authorities concerned of the government for arresting any public service holders in connection with criminal cases before submitting the charge sheet.
Section 41 (1) of the Government Service Act 2018 says, the law enforcers have to seek permission from the government to arrest public service holders in any criminal case against them.
The government issued a gazette notification of the law on November 14 last year saying that the law will be effective through another notification.
On September 26 this year, the government issued the second gazette notification saying that the law will be 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 the reply within four weeks.
Secretary to the cabinet division, offices of the president and prime minister, the ministries of public administration and law and speaker of 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 the section 41 (1).
HRPB president Advocate Manzill Murshed appeared before the court during the hearing on behalf of the petitioners while deputy attorney general Saifuddin Khaled represented the state.
Later Manzill told reporters that the HC bench issued the rule as the section 41 (1) of the Government Service Act 2018 is discriminatory and contradictory to the constitution. – Staff Reporter

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