Writ challenges provisions of DMP Ordinance to prohibit assembly

Staff Reporter :
A writ petition has been filed with the High Court challenging the legality of two sections of the Dhaka Metropolitan Police Ordinance, 1976 that empowered the Commissioner of Dhaka Metropolitan Police to prohibit any assembly or procession and giving impunity to the police for their deeds.
It also challenged the legality of the Dhaka Metropolitan Police (Meeting, Assembly, Procession and Fire Arms Control) rules, 2006 formulated under the ordinance.
Advocate Abdul Momen Chowdhury, a Supreme Court lawyer, and four others filed the petition on October 20 as a public interest litigation.
The petition was place in the High Court bench of Justice Md Mozibur Rahman Miah and Justice
Kazi Md Ejarul Haque Akondo for hearing.
After primary hearing on the petition on Wednesday, the court adjourned the proceedings till Thursday. Attorney General AM Amin Uddin will place submission on the day.
In the hearing on Wednesday, Advocate Abdul Momen Chowdhury said, “Section 29 of the DMP Ordinance, 1976 is contrary to the Article 37 of the Constitution. Article 37 has given right to every citizen to assemble and to participate in public meetings and processions peacefully subject to any reasonable restrictions. However, the DMP Ordinance section has given power police to prohibit assembly or procession.”
The lawyer further argued that restriction and prohibition are not synonymous word. Those have different meanings.