Special privilege for govt staff in graft related arrest goes against constitution

The provision in the draft Public Service Act 2015, which requires law enforcers to seek the government's permission for arresting a public servant before acceptance of charges, goes against the constitution, said Transparency International Bangladesh (TIB).

Such a provision would make room for more corruption and abuse of power in public sector, the anti-corruption watchdog said in a press statement yesterday, demanding its removal from the draft.

"The constitution has no provision to apply any special measures for any special group for the same crime. The proposed provision goes against the constitutional promise of equal rights for all citizens," said Executive Director of TIB Iftekharuzzaman.

The "discriminatory" provision violates Article 27 of the constitution, which stipulates "All citizens are equal before law and are entitled to equal protection of law", he said in the release.

Iftekharuzzaman also urged cancellation of Rule 197 of the Code of Criminal Procedure (CrPc) and Bangladesh Penal Code, which were used to explain the provision giving 

special benefits to public servants.

In criminal cases, there is no barrier even to arrest public representatives including parliamentary members or ministers, he said. "Besides, earlier the High Court in its judgment termed such benefits, included in 32 (ka) of the Anti-Corruption Commission Act (Amended) 2013, anti-constitutional," he noted, adding that the proposed Public Service Act also went against the High Court judgment.

However, Cabinet Secretary M Musharraf Hossain Bhuiyan said the new law would not be in conflict with the existing ACC act. "Everything will remain within the framework of the constitution and existing laws. It's an epoch-making step as the appointment and other activities of the civil servants have been in discussion for a long time," he said. TIB suggested that experts and stakeholders' opinions about the draft should be taken into account before placing the act in parliament. The draft was approved by the cabinet on Monday.