GOVERNMENT BANGLADESH Vs. A. K. M. ZAHANGIR HOSSAIN

JUDGEMENT

(1.) The question involved in all those appeals relates to members of Police Service from the rank of Sub-Inspector and below. These officers brought writ petitions in the High Court Division and some were allowed and some dismissed. A common question involved in all the appeals is whether a member of the subordinate police service by virtue of some provisions contained in the Bangladesh Constitution can maintain a writ petition on the ground of violation of any statutory rules governing their service condition. The question is of great public importance and so it was placed before the Full Court by an order dated 8-8-80 of Bench of this Division. After the decision of this important question, the appeals will be disposed of on their respective merits by the Bench concerned.

(2.) Considering the importance of the question of law involving interpretation, of some provisions of the Constitution, assistance was sought as Amicus Curiae from the Senior Advocates of this Division and Messers S.R. Pal and Ishtiaq Ahmed were requested to assist the Court. The Court records the learned and able assistance received from the Senior Advocates. Their arguments have been of great assistance to us.

(3.) It is to be remembered that all the members in the Police Service have been described as 'Disciplined Force' in the Constitution. Barring this, no other specific reference has been made in the Constitution regarding them and the rest is governed by the laws either framed earlier but continued by the Constitution and some law framed after the Constitution. The police officers up to the rank of Inspector of Police are considered as officers of the subordinate rank for classification, and they are governed by Police Act of 1981, Police Regulations, and Police Officers (Special Provisions Ordinance), 1976 (Ordinance LXXXIV of 1976) hereinafter referred to as Police Officers Ordinance and some other laws. I shall have to refer to this Ordinance later on. For the purpose of my discussion, I am referring chiefly to the constitutional provisions to see whether the question raised as to the standing of a subordinate police officer to maintain a writ petition before the High Court Division is available to him. The answer will depend upon a discussion of relevant provisions of the Constitution. The provisions of the Constitution chiefly for our discussion on the question will be Articles 45, 102 (5), 134 and 135, and the definition given in Article 152 and Chapter IV of the Constitution of Bangladesh.