The High Court issued a rule on Sunday asking why the section-43 of the Public Service Act, that states a government employee will be dismissed if he or she is sentenced a year or more in jail in any criminal case, shouldn’t be declared illegal and contrary to the constitution.
A bench of Justice Tariq-ul Hakim and Justice Md Iqbal Kabir issued the rule after hearing a writ petition.
The speaker of National Parliament and the secretaries to the cabinet, prime minister’s office, public administration ministry and parliament were asked to respond the rule within the next four weeks.
The Public Service Act was legislated in 2018. Human Rights and Peace for Bangladesh (HRPB) sent a legal notice on January 16 this year to seven secretaries concerned seeking cancellation of the section as it is contradictory to the constitution and HC verdict.
Getting no response from the secretaries, the HRPB filed the writ petition on February 9.
During Sunday’s hearing, Lawyer Manzill Murshid argued for HRPB while Deputy Attorney General Amit Das Gupta represented the state.
On completion of the hearing, Manzill Murshid said currently the maximum penalty for contempt of court is six-month imprisonment. According to the Government Servants (Discipline and Appeal) Rules, 1985, a government employee would have been dismissed from his post if he or she was sentenced any term.
But in the current act, an employee will lose his job if he is sentenced a year or more in jail. That means he won’t be dismissed if he becomes convicted on charge of contempt of court.
The section violates the constitution and impedes the implementation of the HC verdict, he added.
A court here on Sunday sent a maulana to jail after rejecting his bail petition in a case filed for making ‘derogatory remarks’ against Hajj and Umrah under the Digital Security Act.
The convict is identified as Maulana Ismail alias Abul Bashar.
Kishoreganj Chief Judicial Magistrate Mohammad Habibullah passed the order when Abul Bashar sought bail surrendering before the court.
Advocate Mohammad Aminul Islam filed a case against Maulana Ismail alias Abul Bashar for making ‘derogatory remarks’ against Hajj and Umrah while delivering religious sermon at a discussion in Usmanpur Bhairab on December 31, 2019.
The accused also filed a case with the High Court.
On January 19, the High Court asked Maulana Ismail to surrender before the court in the case.
The High Court on Sunday issued a rule asking the authorities concerned why inaction over mandatory use of the Bangla calendar’s date alongside that of the Gregorian or English calendar on all national days including 21st February would not be declared as illegal.
An HC bench of Justice M Enayetur Rahim and Justice Md Mostafizur Rahman passed the order after hearing of a writ filed by Md Naskar Ali, resident of Damurhuda upazila in Chuadanga district.
Advocate Md Moniruzzaman stood for the petitioner.
The lawyer said that the writ has been filed as the Bangla date always remains neglected in observing different day including national and international.
The court asked to cabinet secretary to respond to the rule within ten days, said the lawyer.
A tribunal here on Sunday sentenced nine people to life term imprisonment each for killing a man in 1996.
The lifers are Mohammad Nasim, Abdul Malek, Joynal Abedin, Iqbal Hossain, Zohra Haque, Yeasin, Abul Hashem, Dulal and Selim.
The tribunal also fined them Tk 20,000 each, in default, to suffer three months more rigorous imprisonment.
According to the prosecution, Kamal Pasha alias Dipu, 23, was hacked to death by the convicts following enmity over controlling cable service business in city’s Mirpur Mazar Road area on January 13, 1996.
Victim’s father Dewan Abdur Rahman filed a case with Mirpur Police Station.
Mohammad Nasiruddin, inspector of CID, submitted a chargesheet against them on October 10, 2013.
After examining the records and 15 witnesses, Dhaka Speedy Trial Tribunal Judge Manir Kamal handed down the verdict.