The High Court today (October 30, 2022) questioned the legality of the rules that allow the police to prohibit assemblies and processions as well as give law enforcers impunity from liabilities of any damage.
The court issued a rule asking the authorities concerned of the government to explain in four weeks why two sections -- 29 and 105 of the Dhaka Metropolitan Police Ordinance, 1976 which empower the police to prohibit assemblies and processions as well as give law enforcers impunity from liabilities of any damage should not be declared illegal and unconstitutional.
The HC bench of Justice Md Mozibur Rahman Miah and Justice Kazi Md Ejarul Haque Akondo issued the rule following a writ petition challenging the legality of the sections.
Supreme Court lawyers Abdul Momen Chowdhury and KM Zabir, Chandpur court's lawyer Salim Akbar, and two inhabitants of Dhaka Shah Nuruzzaman and Mohammad Yasin collectively submitted the writ petition as a public interest litigation to the HC on October 20, saying that the two sections are contradictory to the constitution.
They said, in the writ petition, that the sections 29 and 105 of the Metropolitan Police Ordinance are against article 37 of constitution regarding the freedom of assembly.
Article 37 says, "Every citizen shall have the right to assemble and to participate in public meetings and processions peacefully and without arms, subject to any reasonable restrictions imposed by law in the interests of public order or public health".
Lawyer Abdul Momin Chowdhury argued for the petitioners, while Attorney General AM Amin Uddin opposed the petition during the hearing on Thursday (October 27, 2022).
