Bill withdrawn from JS in light of HC verdict

The Public Service (Amendment) Bill, 2022 was withdrawn from parliament on Monday.

State Minister for Public Administration Farhad Hossain moved the withdrawal motion. It was later passed by voice vote.

The state minister, however, did not say anything regarding his move to withdraw it.

The bill was placed in the House on August 29 inducting a clause to shield public servants from unnecessary harassment. The treasury benches contend such a provision exists in the law in many countries across the globe, including India.

But the withdrawal may have been affected by a High Court ruling that police would not require prior permission to arrest government officials in criminal cases. The state minister said that the government will appeal the August 25 decision of the High Court, that struck down a provision in the 2018 Public Service Act preventing police from arresting a government official without permission from higher authorities, even in criminal cases.

The High Court ruling came from the bench of justices Md Mozibur Rahman Miah and Kazi Md Ejarul Haque Akondo. The bench described the 2018 provision as “unconstitutional”.

“A section has been given special facilities by enacting the provision of getting prior permission to arrest government employees, which is sheer discrimination and violence of articles 26, 27 and 31 of the constitution,” the bench said.

On November 14, 2018, a gazette was issued on Public Service Act, 2018. It was published on September 26, 2019, and came into effect on October 1, 2019.

According to Section 41(1) of the act, prior permission is needed from the government or higher authorities to arrest a government officer for a criminal offence.