Govt officials given shield from arrest

PASSAGE OF SARKARI CHAKRI BILL 2018
Prior govt approval needed for detaining them on charges related to their job

Parliament last night passed the Sarkari Chakri Bill-2018 with a discriminatory provision, which makes it mandatory for the Anti-Corruption Commission to take permission from the appropriate authorities before arresting any government official on charges related to their job. The bill was passed by voice vote despite serious objections by 10 lawmakers from the main opposition Jatiya Party and one independent MP.

They said the provision that makes it compulsory for the ACC to have approval before detaining any public servant “is a black provision and is in conflict with the constitution”.

They proposed that the House invite public opinion on the bill before its passage, but the proposal was rejected.

“Article 27 of the constitution says all citizens are equal in the eye of the law. But the law has a black provision regarding the arrest of government officials for committing crime and corruption,” said JP MP Selim Uddin.

This law has made government officials “super citizens”, which will create a class system in society. This is totally against the spirit of the constitution, he added.  

“It is a compromised law, which goes against the idea of establishing rule of law,” Shamim Haider Patwary, another JP MP, told the House before the vote began. 

Yet another JP lawmaker, Fakhrul Imam, said, “Everyone is equal before the law. But this law didn't uphold this spirit.”

State Minister for Public Administration Ismat Ara Sadique placed the bill in parliament on October 21.

Responding to the objections, she said that the lawmakers' proposal would not bring any qualitative change in the law.

"I am, therefore, sorry for not being able to entertain the proposal,” she said.

WHAT'S IN THE LAW

The law says public servants cannot be arrested until a court frames charges against them. No prior permission is needed in that case.

But before charges are framed, they can be arrested only after getting permission from the appropriate authorities, meaning the hiring authorities or any other authorities defined in any other existing law.

Under the law, a civil servant will be suspended initially and will lose their jobs if they are given capital punishment or punishment of more than one year in jail.

However, they will face departmental action if they are given jail sentence below one year.

At the moment, their service is regulated under various laws.

Once the president signs the new law, all issues relating to their jobs will fall under the scope of this law.

The retirement age remains unchanged at 59 while it is 60 for freedom fighters.

However, the government can send a public servant into forced retirement after 25 years of service without showing any reason. They can also voluntarily retire after 25 years.

“DISCRIMINATORY, UNACCEPTABLE”

Former cabinet secretary Ali Imam Majumder said the provision that makes it mandatory for the ACC to take prior permission for arresting any public servant will weaken the ACC Act and compromise the commission's work.

A public servant can be found with smuggled gold, drug and bribe, for example. But they cannot be arrested immediately because of the provision, which will affect graft-fighting activities, he added.

“There are many positive things about Sarkari Chakri Bill-2018, but the section in question should not be incorporated,” he added.

Transparency International Bangladesh Executive Director Dr Iftekharuzzaman said it was extremely disappointing that the Jatiya Sangsad gave priority to convenience of the few at the expense of public interest.

“The provision is discriminatory and is in conflict with the constitution, which pledges that all citizens are equal before the law,” he told The Daily Star.

The lawmakers have failed to understand that while anyone, including themselves, can be arrested without prior approval, only a certain group of individuals have been granted such a privilege, he said.

“This is unacceptable and untenable from the point of view of equality, justice and non-discrimination,” he added.

• Courtesy: The Daily Star /Oct 25, 2018