Dhaka, Oct 21 (UNB) – The High Court on Monday issued a rule asking the government to explain as to why permission from the authorities concerned before arresting a government employee in criminals cases as per section 41 (1) of the Government Service Act 2018, should not be declared illegal and contradictory to the constitution.
An HC bench of Justice Moyeenul Islam Chowdhury and Justice Khandaker Diliruzzaman issued the rule following a writ petition.
The HC wanted to know why the section 41 (1) of the Government Service Act 2018 should not be declared illegal and contradictory to the article 26 (1) (2), 27 and 31 of the constitution.
Cabinet Secretary, Secretaries to the Prime Minister and President offices, secretary to the Public Administration Ministry, Law Secretary and Speaker of Parliament were made respondents to the rule which is returnable in four weeks.
Three lawyers- Sarwar Ahad Chowdhury, Eklas Uddin Bhuiya and Mahbubul Islam-- filed a petition on behalf of the Human Rights and Peace for Bangladesh on October 14.
Advocate Manzill Murshid stood for the petitioner while deputy attorney general Saifuddin Khaled represented the state.
The government issued the gazette notification of Government Service Act 2018 on November 14, 2018.
According to the section 41 (1) of the Act, the authorities concerned have to take a prior permission from the employer concerned or the government for arresting any government employee in criminal cases.