Govt to challenge HC ruling on permission to arrest public employees
The government will file a leave to appeal against the High Court's verdict quashing the provision of prior permission of the authorities for the arrest of government employees in criminal cases, according to State Minister for Public Administration Farhad Hossain.
While tabling the Public Service (amendment) Bill in the House on Monday, he said the provision of prior permission was for protecting the public employees from unnecessary harassment.
On 25 August, the High Court declared that a section of the Public Service Act was in conflict with several articles of the Constitution.
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This section states that prior permission of the government or the appointing authorities should be obtained for arresting a public servant in criminal cases related to their duties.
As the state minister placed the bill in parliament for voting, BNP lawmaker Harunur Rashid opposed it.
Harunur Rashid said, "This law is inconsistent with the Constitution. A recent High Court ruling has rendered the law invalid. It is not in accordance with the Constitution to give special privileges to the government officials."
Whether the criminal would be brought to book or not – raising the question, Harun said, "First the inconsistencies in this law must be cleared."
In reply, the state minister said that there is no immunity for personal crimes in the law.
"In order to prevent government employees from being subjected to unnecessary harassment, many countries including neighbouring India have such provisions in the law. The government will file a leave to appeal against the High Court verdict," he added.
Harun's objection, however, could not stand out in the voting by the lawmakers.
Later, the bill was sent to the Parliamentary Standing Committee on Ministry of Public Administration. The bill was tabled to clarify provisions regarding the Finance Division's role in determining the salaries and allowances of autonomous, state-owned and local government institutions.
