Arresting govt employees: Appellate Division clears way for regular appeal

The Appellate Division of the Supreme Court (SC) on Sunday accepted a leave-to-appeal filed by the State side seeking halt to a High Court (HC) verdict.

The Appellate Division of the Supreme Court (SC) on Sunday accepted a leave-to-appeal filed by the State side seeking halt to a High Court (HC) verdict that cancelled the provision of taking prior permission before arresting government employees, reports UNB.

The decision means now the Attorney General’s office would be eligible to file the plea against the High Court. The Appellate Division also said in its order that the High Court verdict will remain ineffective until the appeal is resolved.

A five-member bench of the Appellate Division led by Chief Justice Hasan Foyez Siddiqui gave the order on Sunday. During the proceedings, Attorney General AM Amin Uddin stood for the State while Monzil Morshed represented the petitioner.

On August 25, 2022, the HC cancelled the provision to seek prior permission before arresting a government employee, terming Clause 41(1) of the Public Service Act, 2018 illegal, anti-constitutional and against the basic rights of a person.

On September 1, the Appellate Division stayed the HC verdict following a petition by the State side and asked it to file a leave-to-appeal seeking clearance for filing a regular appeal before the Supreme Court.

Clause 41(1) of the Public Service Act, 2018 says that prior permission has to be taken from the government or recruiting authority while arresting government employees before the court accepts charges in criminal cases filed on complaints regarding the employees' roles or duties.

Challenging this provision, Supreme Court lawyers Sarwar Ahad Chowdhury, Eklas Uddin Bhuiyan and Mahbubul Islam filed a petition on behalf of Human Rights and Peace for Bangladesh.

After conducting a hearing on this petition, the HC bench of Justice Moinul Islam Chowdhury and Justice Khondker Diliruzzaman issued a rule asking why Clause 41(1) of the Public Service Act won’t be declared illegal and against Sections 26(1)(2), 27 and 31 of the Bangladesh constitution.

Later, the HC pronounced a verdict in favor of the rule, against which the Appellate Division accepted a leave-to-appeal on Sunday.