SC stays HC verdict

The Appellate Division Thursday stayed the High Court (HC) verdict that scrapped a provision of the Government Service Act, 2018 making it mandatory for law enforcers to take prior permission from higher authorities in arresting any civil servant on charges related to their job before submitting charge-sheet.

The Supreme Court Appellate Division at the same time adjourned the hearing on the petition filed against the HC verdict till Oct 23 this year. It also asked the government to file a leave to appeal petition against the judgment by this time.

A six-member Appellate Division (AD) bench, headed by Chief Justice Hasan Foez Siddique, passed the order following a petition filed by the government seeking stay on the HC verdict.

In a landmark verdict, the HC on Aug 25, 2022, ruled that Section 41(1) of the Government Service Act, 2018 (Sarkari Chakori Ain, 2018) that had made it mandatory for law enforcers to take prior permission in arresting any civil servant on charges related to their job, is illegal, unconstitutional and violative of the fundamental rights as it provides special protection to a section of people.

The HC bench of justices Md Mozibur Rahman Miah and Kazi Md Ejarul Haque Akondo delivered the verdict after hearing a writ filed challenging the legality of the provision.

The state filed an appeal seeking stay on the HC verdict. The chamber court of the Appellate Division sent the matter to the regular bench of the apex court and fixed Thursday for hearing on it.

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