The High Court (HC) on Thursday struck down the provision of taking prior permission from higher authorities to arrest any government employees.
Following a writ filed in this regard, the High Court bench of Justices Md Mozibur Rahman Miah and Kazi Md Ejarul Haque Akand passed the order declaring that the section 41(1) of the Public Service Act 2018 is illegal.
The court in an observation said that the provision of prior permission to arrest government officials is illegal and against the constitution and fundamental rights.
Senior lawyer Manzil Morshed argued the case on behalf of the writ and he was accompanied by lawyers Ripon Barai and Sanjay Mondal while Deputy Attorney General Arobinda Kumar Roy represented the state.
As per Section 41 (1) of the Public Service Act 2018, before the court accepts the charge sheet in a criminal case filed in relation to official duties of a public servant, the arrest can only be made with prior permission from the government or employing authorities.
Later, Supreme Court lawyers Sarwar Ahad Chowdhury, Eklach Uddin Bhuiyan and Mahbubul Islam filed a writ on behalf of Human Rights and Peace for Bangladesh (HRPB) challenging the provision of the act.
