Nothing but to indemnify govt corrupt officials: HC

Incorporating the provision of taking prior permission in arresting government service holders in the law is nothing but to indemnify a handful of government corrupt officials, observes the High Court in a full verdict.
It also observed that the state must not encourage such provision, because our past history dictates, giving indemnity to a certain group of people whatever manner or purpose it be, has brought nothing good to our nation.
The HC passed the observation in the full verdict that recently scrapped section 41(1) the 'Sarkari Chakori Ain, 2018' (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 the charge sheet.
The HC also observed that by incorporating section 41(1) of the Act a group of people of our country have been given undue privileges and protection from being arrested before accepting charge-sheet.
"However, in our ordinary criminal justice system, no such provision is in place for the accused and in that sense, the impugned provision is colourable exercise of power of the executive derived from the Parliament which is also denied of fundamental rights guaranteed to the citizens in Articles 27 and 31 of the Constitution."
"Furthermore, in our country, it is a common practice that investigation of a criminal case takes long time even years together to complete, so if that provision remains in place, as it stands, then there will have no ending of investigation of any criminal cases filed against the government servants."
In a landmark verdict the High Court on August 25 this year ruled that Section 41(1) of the Government Service Act, 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.

bikashju@gmail.com