The Appellate Division of the Supreme Court stayed the High Court’s judgment striking down the provision of permission from the government or the appointing authority to arrest government employees for committing criminal offences. At the same time, October 23 has been fixed for the next hearing on this application.
The full bench of 6 members of the Appellate Division headed by Chief Justice Hasan Faiz Siddiqui announced this verdict on Thursday (September 1) after hearing the appeal application made by the state party in this regard.
Attorney General Abu Mohammad (AM) Amin Uddin was present in the court for the hearing today. Advocate Manzil Morsed appeared for the writ.
In this regard, Advocate Monzil Morsed told Jago News that the High Court’s judgment has been postponed until October 23 by the Appellate Division. During this period, the state party has been asked to file a regular leave to appeal.
Regarding the application seeking stay, Attorney General AM Amin Uddin said, many times, false cases are filed for undue harassment of government employees. If he is arrested after the case, then if he is acquitted in the case, then there is a kind of suffering in him. The Act was enacted to alleviate this suffering and facilitate government work. Keeping these aspects in mind, the application was made seeking suspension of the judgment.
On Wednesday, the state appealed against the High Court’s verdict canceling the provision of obtaining permission from the government or the appointing authority to arrest government employees if they commit criminal offences.
Justice M Inayetur Rahim’s chamber court fixed Thursday (September 1) as the date for hearing the state’s appeal. Following that, the hearing was held today in the Appellate Division.
The Appellate Division has suspended the judgment given by the High Court regarding the hearing today.
Earlier on August 25, the High Court canceled the provision of taking permission from the government or the appointing authority to arrest government employees even if they commit criminal offences. Justice Md. Mojibur Rahman Mia and Justice Kazi Md. Izarul Haque gave the judgment at Akander High Court Bench.
Section 41 (1) of the Act relating to special benefits of government employees was struck down by the High Court as unconstitutional. At the same time, the court also mentioned that this provision is in conflict with the fundamental rights of the constitution.
On September 26 last year, the High Court issued a ruling asking why the government’s prior permission to arrest government employees should not be declared illegal. The court gave this judgment on the final hearing of that rule.
The Public Service Act was enacted in November 2018. The Act came into effect from October 1 of the same year through a notification dated September 26, 2019.
According to Section 41 (1) of the Act, prior permission of the Government or the appointing authority is required to arrest a Government servant before the charge sheet is accepted by the court in a criminal case related to the performance of his duties.
In this situation, on behalf of Human Rights and Peace for Bangladesh (HRPB), lawyers Sarwar Ahad Chowdhury, Eklach Uddin Bhuiyan and Mahbubul Islam filed a petition in the High Court on behalf of Human Rights and Peace for Bangladesh (HRPB) citing that the section 41(1) of the law related to the special benefits of government employees is contrary to some articles of the constitution.
The High Court ruled on the preliminary hearing of the writ on October 21, 2019. The rule asked why Section 41(1) of the Public Service Act should not be declared inconsistent with certain Articles (26, 27 and 31) of the Constitution.
After the final hearing on the rule, the High Court declared the rule absolute (correct) on August 25. As a result, in the case of criminal charges, the permission of the authorities will not be required before the arrest of government employees, the lawyer of the writ petitioners Manzil Morsed said that day.