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HC questions legality of part of Govt Service Act

Published : Tuesday, 22 October, 2019 at 12:00 AM  Count : 251

The High Court on Monday questioned the legality of a section of 'Sarkari Chakori Ain-2018' which prohibits law enforcement from arresting government employees without prior approval.
According to the section 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.
As per section 41 (1) of the 'Sarkari Chakori Ain-2018', 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.
On Monday the HC issued a rule asking the respondents to explain in four weeks why the section 41 (1) of 'Sarkari Chakori Ain-2018' should not be declared contradictory to the relevant section of the constitutions and why it should not be scrapped.
Secretary to the Cabinet Division, offices of the President and Prime Minister, the ministries of public administration and law and the Speaker of Jatiya Sangsad have been made respondents to the rule.
The HC bench of Justice Moyeenul Islam Chowdury and Justice Khandaker Diliruzzaman came up with the rule following a writ petition filed by Human Rights for Peace for Bangladesh challenging the legality of the section 41 (1).

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