SC stays HC verdict over arresting civil servants

The Appellate Division of the Supreme Court has stayed the High Court verdict that scrapped a provision of the ‘Sarkari Chakori Ain, 2018’ making it mandatory for law enforcers to take prior permission from higher authorities to arrest civil servants in criminal cases.

A six-member Appellate Division bench led by Chief Justice Hasan Foyez Siddique on Thursday passed the order during hearing a petition filed by the state seeking stay on the HC verdict.

Attorney General AM Amin Uddin appeared for the state while writ petitioner’s lawyer Manzill Murshid opposed the state’s petition.

In a landmark verdict, the HC on August 25 scrapped section 41 (1) of the Government Service Act 2018, which had mandated seeking permission from the government for the law enforcers to arrest public servants in any criminal case against them, and also declared the provision contradictory to the fundamental rights and the constitution.

The section 41 (1) of the law stated that the law enforcers will have to take approval from the authorities concerned of the government for arresting public servants in connection with criminal cases before submitting the charge sheet.

Delivering verdict on a writ petition, the HC observed that section 41 (1) of the Government Service Act 2018 has given protection to a particular section of people which is contradictory to articles 26, 27 and 31 of the constitution.