The High Court (HC) today (October 30, 2022) issued a rule, asking why the provision empowering the police commissioner to ban rallies or meetings in the Dhaka metropolitan area should not be declared illegal and unconstitutional.

The HC bench of Justice Md Mozibur Rahman Miah and Justice Kazi Md Ejarul Haque Akondo passed the order following a writ petition.

Four people, including the law ministry secretary, home ministry secretary, and Dhaka Metropolitan Police Commissioner were made respondents to the rule.

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Advocate Abdul Momen Chowdhury appeared for the writ petitioner in the court. Attorney General AM Amin Uddin and Deputy Attorney General Arobinda Kumar Roy represented the state.

On October 20, Supreme Court lawyers Abdul Momen Chowdhury and KM Zabir, Chandpur Bar Association lawyer Selim Akbar, and two individuals Shah Nuruzzaman and Mohammad Yasin filed the writ petition challenging Section 29 of the Dhaka Metropolitan Police Ordinance 1976.

Section 29 states that the police commissioner may prohibit any public gathering or procession whenever needed and for the period that he/she considers necessary through written order for the maintenance of peace or public safety. But no such prohibition shall remain in force for more than 30 days without permission of the government.

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Lawyer Abdul Momen Chowdhury said Section 29 of the ordinance conflicts with Article 37 of the constitution and goes against fundamental rights.

Meanwhile, the state counsels said public gatherings are not always prohibited by police, except when there is any possibility of chaos. If two political parties call rallies at the same venue, there might be chaos.