The High Court (HC) on Thursday ruled that no prior permission from higher authorities will be needed to arrest any government official if accused in a criminal case.

A division bench of the HC comprising Justice Md Mozibur Rahman Miah and Justice Kazi Md Ejarul Haque Akondo announced the verdict this morning.

The court also declared section 41(1) of the Public Service Act 2018 ‘illegal’ on the grounds that it “violated the constitution and fundamental rights”.

The court opined that such provisions in the Public Service Act 2018 served to indemnify a particular group and encourage corruption.

Earlier, the bench held a hearing on a writ petition filed challenging legality of a law which requires prior permission of the authorities concerned in arresting any government official if accused in a criminal case.

As per Section 41 (1) of the Civil Service Act-2018, police needs to obtain permission from the government or the appointing authorities in arresting any public servant accused in any criminal case.

The government published gazette on the Civil Service Act-2018 on September 26, 2019 and it came into effect from October 1 of that year. Human Rights and Peace for Bangladesh (HRPB) filed a writ petition challenging legality of the writ petition

Advocate Manzill Murshid, president of HRPB, appeared for the petitioner. Deputy Attorney General Aurobinda Kumar Roy stood for the state and Khurshid Alam Khan for Anti-Corruption Commission.

Manzill Murshid said HRPB filed the writ petition challenging section 41 (1) of the Public Servant Act 2018 in the public interest.

Khurshid Alam Khan argued that section 41 (1) of the Public Servant Act 2018 is discriminatory.