Govt seeks stay on HC verdict scrapping prior permission to arrest officials

The government on Wednesday moved the Appellate Division, seeking a stay order on the High Court ruling that scrapped prior permission to arrest officials.

After a hearing on the leave to appeal petition filed by Attorney General AM Amin Uddin, Chamber Judge M Enayetur Rahim set Thursday for a full-bench hearing.

The controversial provision of the Public Service Act mandates that law enforcement seek permission from the government to arrest public service holders in any criminal case against them.

Attorney General AM Amin Uddin moved for the government during the hearing, Manzill Murshid, who initially filed the writ petition for scrapping the Public Service Act, told The Business Standard.

Earlier on 25 August, the High Court declared the controversial provision of the Public Service Act-2018 unconstitutional, scrapping prior permission to arrest government officials in any criminal case against them.

The HC, in its ruling, ordered that law enforcement no longer needs to seek permission from the government or employing authorities to arrest public service holders on criminal charges.

"It was made with a malafide intent that totally conflicts with Article 27 of our constitution, which says all citizens are equal before the law and are entitled to equal protection of the law," the HC observed in the verdict.

The court also said Section 32(a) of the Anti-Corruption Commission Act provided such protection to ACC employees, but later the High Court scrapped the provision.

On 14 November 2018, the gazette of Government Services Act-2018 was issued. Later in September 2019, the public administration ministry issued another gazette to put the law in force from October.

Human Rights and Peace for Bangladesh filed a writ with the High Court on 14 October 2019 in the public interest, challenging this section of the law in the face of criticism from various quarters arising from it.