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4 years ago

Govt officials can't be sued without approval: Cabinet Division

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The Cabinet Division has directed the authorities concerned to ensure that no lawsuit is filed against a public official without the government's approval.

In a letter to the Law and Justice Division, the division said suing government employees could hamper the maintenance of law and order and crime prevention at the field level.

It also highlighted the existing laws and rules that offer legal immunity to government employees for fulfilling their duties or taking any action in good faith, reports bdnews24.com.

Earlier this month, two businessmen started a case against Madaripur DC Rahima Khatun and five others on charges of burning dredgers.

The district's Senior Judicial Magistrates Court accepted the case and asked the PBI to submit a probe report on the matter.

The Cabinet Division pointed out that under the Code of Criminal Procedure 1898, a judge, magistrate or government employee may not be sued for any action taken in the performance of their duty without the prior approval of the government.

 “Section 1 of the Judicial Protection Act 1850 states that a judge, magistrate or collector cannot be held personally responsible for the verdict they give or for the actions taken in the course of the judicial process. No case can be filed against them in a civil court.”

 “Recently it was noticed that deputy commissioners, district magistrates, collectors, Upazila Nirbahi officers, executive magistrates and other government officials were held personally liable for performing their official duties and named in cases,” it said.

 “In some cases, the requirement of prior permission from the government was ignored. This is hindering law and order, crime prevention and control at the field level. It is affecting the work to prevent encroachment of water bodies, government assets and also hamstrings the eviction drive against illegal encroachment.”

An aggrieved person may seek recourse from the higher administrative authorities or legal authorities for any government action or decision that affects them, the letter said. Where a government official is found to be misusing the law, abusing power or obstructing the basic rights of others, the affected people may seek justice from the High Court.

 “Under the circumstances, the authorities are requested to ensure that the government's permission is taken before accepting a criminal case against judges, magistrates and government employees which holds them personally liable for discharging judicial or government duties.”

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