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HC rules against DMP ordinance to bar rally, procession

The High Court (HC) on Sunday issued a rule asking authorities concerned to explain as to why it shall not declare illegal section 29 of Dhaka Metropolitan Police (DMP) Ordinance, 1976, that allows DMP commissioner to 'prohibit any assembly or procession'.

A High Court division bench comprising Justice Md Mozibur Rahman Miah and Justice Kazi Md Ejarul Haque Akondo passed the order, asking four officials including Law Secretary, Home Affairs Secretary and DMP Commissioner to respond within four weeks.

The court came up with the order after holding hearing on a writ petition filed by Supreme Court lawyers Abdul Momen Chowdhury, KM Zabir, Chandpur Bar Association member Adv Selim Akbor, Shah Nuruzzaman and Mohammad Yasin. They filed the petition on October 20.

Petitioner Abdul Momen Chowdhury moved the plea before the court, while Attorney General AM Amin Uddin, Deputy Attorney General Arbind Kumar Roy, Assistant Attorney Generals Mohammad Saiful Alam and Mohammad Abbas Uddin stood for the state.

According to section 29 of the DMP ordinance, "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 preservation of the public peace or safety: provided that on such prohibition shall dreaming in force for mare than thirty days without the sanction of the Government."

Source: BSS