The High Court on Sunday issued a rule asking why a section of Dhaka Metropolitan Police Ordinance, 1976, which empowers police commissioners to ban assembly or procession is not conflicting with the Constitution.
The secretaries of the Ministry of Home Affairs, Ministry of Law, Justice and Parliamentary Affairs, and other related defendants have been asked to respond to this.
The bench of Justice Md Mozibur Rahman Miah and Justice Kazi Md Ejarul Haque Akondo issued the rule.
Advocate Abdul Momen Chowdhury appeared for the writ petition 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.
The writ petition sought directions from the High Court on declaring Section 29 of the Dhaka Metropolitan Police Ordinance, 1976 unconstitutional.
The section reads: “The Police Commissioner may, by order in writing, prohibit any assembly or procession whenever and for so long as he considers such prohibition to be necessary for the preservation of the public peace or safety:
Provided that no such prohibition shall remain in force for more than thirty days without the sanction of the Government.”
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 the police except when there is any possibility of chaos. If two political parties call rallies at the same venue, there might be chaos.
