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Why police power to ban processions not unconstitutional: HC

Why police power to ban processions not unconstitutional: HC
Court of law

The High Court on Sunday issued a rule asking why a section of Dhaka Metropolitan Police Ordinance, 1976, which empowers police commissioners to ban rallies or processions should not be declared illegal or unconstitutional.

An HC bench of Justice Md Mojibur Rahman Miah and Justice Kazi Md Ejarul Haque Akondo issued the rule following a writ petition.

The secretaries of the Ministry of Home Affairs, Ministry of Law, Justice and Parliamentary Affairs, and DMP commissioner have been asked to explain in four weeks.

Advocate Abdul Momen Chowdhury appeared for the writ petition, while attorney general AM Amin Uddin and deputy attorney general Arobinda Kumar Roy represented the state.

Advocate Abdul Momen Chowdhury appeared for the writ petition in the court. Attorney general AM Amin Uddin and deputy attorney general Arobinda Kumar Roy represented the state.

On October 20, Supreme Court lawyers Abdul Momen Chowdhury and KM Zabir, Chandpur Bar Association lawyer Selim Akbar, and two individuals Shah Nuruzzaman and Mohammad Yasin filed the writ petition challenging the Section 29 of the DMP Ordinance 1976.

Section 29 states that the Police Commissioner may prohibit any public gathering or procession whenever needed and for the period which he/she considers necessary through written order for the maintenance of peace or public safety. But no such prohibition shall remain in force for more than 30 days without the permission of the Government.

Lawyer Abdul Momen Chowdhury said section 29 of the Ordinance conflicts with Article 37 of the Constitution and goes against fundamental rights.

Meanwhile, the state counsels said public gatherings are not always prohibited by police except when there is any possibility of chaos. If two political parties call rallies at the same venue, there might be chaos.