HC questions prior govt permission to arrest public servants
Published : Monday, 27 September, 2021 at 12:00 AM Count : 128
The High Court (HC) on Sunday asked the authorities concerned to explain why the condition of prior approval from the government for arresting an accused public servant before the court's acceptance of charge sheet in any criminal case would not be
Section 41(1) of Public Servant Act 2018 prohibits arrest of any public servant on criminal charges without government approval.
The court also asked the government to explain why Section 41(3) of the Public Servants Act that stipulates the trial courts to inform the government immediately after knowing that the accused people are public servants would not be declared illegal.
A virtual HC bench of Justice M Enayetur Rahim and Justice Md Mostafizur Rahman issued the rule after hearing a writ petition filed by Ariful Islam, a district correspondent of online news portal Bangla Tribune, who was sentenced to one-year imprisonment after he had been arrested from home at the dead of night on March 14 on charges of possessing narcotics.
Ariful filed the petition challenging the provision of the Public Servant Act 2018 that prohibits arrest of any public servant on criminal charges without approval come from the government.
Lawyer Azizur Rahman Dulu argued for the petitioner while Deputy Attorney General Bipul Bagmar represented the State.