ASK: Abuse of power to increase if public servants enjoy privilege regarding arrest

Human rights organization Ain O Salish Kendra (ASK) has expressed its concern over new "Sarkari Chakori Ain" (Government Job Act) which provides special privileges to government employees regarding arrests.

ASK Executive Director Sheepa Hafiza expressed concern through a press release issued on Sunday.

It said the abuse of power by government employees will increase after the law is implemented which will make it mandatory to take permission before arresting a government official in a criminal case. 

“The chance of establishing rule of law would also be diminished,” it said.

On September 26, the government published a gazette notification over "Sarkari Chakori Ain" saying the law will come into force from October 1.

According to Section 41 of this law, a government employee can be arrested before issuance of a charge sheet in any criminal case filed for matters regarding his or her official duties, only after necessary approval is taken from the authorities concerned.

The press release said prohibiting arrest of government employees by law enforcement without prior approval is contradictory with the constitution which stipulates equal rights for every citizen without any discrimination. 

The ASK, however, demanded necessary amendment after reviewing the law.

The law has 62 sections covering many provisions relating to the control and jurisdiction of government, appointments, promotions, transfers, salaries and benefits, discipline, and the code of conduct for government employees. 

The law is not applicable to 11 types of offices including constitutional positions, the Election Commission, the Supreme Court, and public universities. 

The cabinet gave final approval to the draft of the "Sarkari Chakori Ain" on August 20 last year.