.jpg)
Prior permission is no longer required to arrest a government official for a criminal offence, the High Court ruled on Thursday, reports UNB.
The bench of Justice Md Mozibur Rahman Miah and Justice Kazi Md Ejarul Haque Akondo passed the order, after striking down a provision of the Public Service Act, 2018, describing it as "unconstitutional".
"Constitution is the country’s main law and as per the Constitution, everyone is equal in the eyes of the law," it observed.
The bench said, "A section has been given special facilities by enacting the provision of getting prior permission to arrest government employees, which is sheer discrimination and violence of articles 26, 27 and 31 of the Constitution."
Advocate Manzill Murshid appeared for the petitioner, while deputy attorney general Arbinda Kumar Roy represented the state.
On November 14, 2018, a gazette was issued on Public Service Act, 2018. It was published on September 26, 2019, and came into effect on October 1, 2019.
According to Section 41(1) of the Act, prior permission is needed from the government or higher authorities to arrest a government officer for a criminal offence.
On October 14, 2019, a writ petition was filed challenging the legality of Section 41 (1) of the Act.
Later on October 21, 2019, the High Court issued a rule asking the government to explain why Section 41 (1) of the Public Service Act should not be declared "illegal and contradictory to articles 26(1) and (2), 27 and 31 of the Constitution".
Bd-pratidin English/Golam Rosul
