The Appellate Division of the Supreme Court on Thursday stayed the High Court verdict until October 23 that scrapped the provision of prior permission to arrest government servants considering it illegal and contradictory to the constitution.
Now, prior permission will be required in Bangladesh to arrest a government official for criminal offenses following the Appellate Division order, lawyers concerned opined.
The Appellate Division also asked the government to file a leave to appeal petition against the HC
judgment by October 23.
Six-member full bench of the Appellate Division headed by Chief Justice Hasan Foez Siddique came up with the order following the government's petition for staying the operation of the HC verdict.
Five other members of the SC bench are Justice Md Nuruzzaman, Justice Obaidul Hassan, Justice Borhanuddin, Justice M Enayetur Rahim and Justice Krishna Debnath.
Attorney general AM Amin Uddin appeared for the state while Advocate Manzill Murshid represented the petitioners during today's proceedings.
After the apex court order, Manzill told reporters that section 41 (1) of the Government Service Act 2018, which has mandated seeking permission from the government for the law enforcers to arrest public servants in any criminal cases, is now in force following the apex court order.
The Appellate Division stayed the HC verdict as it will examine the verdict and the law in question through hearing the leave to appeal petition, he added.
The government on Wednesday filed the petition with the Appellate Division seeking stay on the High Court verdict.
Earlier on August 25, in a landmark verdict the HC bench of Justices Md Mozibur Rahman Miah and Kazi Md Ejarul Haque Akondo scrapped Section 41(1) of the Public Service Act 2018 following a writ petition placed by the Human Rights and Peace for Bangladesh (HRPB).
"Constitution is the country's main law and as per the Constitution, everyone is equal in the eyes of the law," the court observed.
"A section has been given special facilities by enacting the provision of getting prior permission to arrest government employees, which is sheer discrimination and violence of articles 26, 27 and 31 of the Constitution," the HC said.
The government issued a gazette notification of the law on November 14 in 2018 saying that the law will be effective through another notification.
On September 26 of that year, the government issued the second gazette notification saying that the law will be effective from October 1 in 2018.
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 holder in connection with criminal cases before submitting the charge sheet.
On October 14, 2019, a writ petition was filed challenging the legality of Section 41 (1) of the Act.
Advocates Sarwar Ahad Chowdhury, Eklas Uddin Bhuiya and Mahbubul Islam filed the writ petition on behalf of the Human Rights and Peace for Bangladesh, an NGO.
On October 21, 2019, the High Court issued a rule asking the government to explain why Section 41 (1) of the Public Service Act should not be declared "illegal and contradictory to articles 26(1) and (2), 27 and 31 of the Constitution".
