SC keeps intact guideline to stop arbitrary arrest on suspicion
Staff Reporter :
The Appellate Division of the Supreme Court on Thursday kept intact its guidelines for police, magistrates and judges concerned to stop arbitrary arrests of people on suspicion and torturing them on remand.
A seven-member Bench of the Appellate Division headed by Chief Justice Hasan Foez Siddique passed the order after hearing on the review petition filed by the government challenging its 2016 judgment that upheld the 2003 High Court verdict against the arbitrary exercise of power by law enforcers using few sections of the Code of Criminal Procedure (CrPC), including section 54.
The Appellate Division bench, however, allowed the government to move an appeal and place arguments against the verdict before it later on.
During the hearing the apex court also asked as to what is the difficulty, if the police inform about the arrest of people to their families on taking signatures in police station immediately after detaining them.
It is not supposed to have any objection in making a memorandum of arrest by law enforcers, including taking signatures of arrested persons and conveying their families about detention.
All this should be done for the sake of transparency, the Appellate Division of the SC told the Attorney General AM Amin Uddin during the hearing of the review petition.
AM Amin Uddin who represented the government told the court that there is opposition with the word “immediately” and there is no provision of law in making memorandum of arrest after detaining people.
During hearing of the review petition earlier in the day, the Appellate Division told the Attorney General that this court had delivered the verdict with the guidelines after considering all the relevant circumstances.
But the law enforcers have not exercised the guidelines yet. What is the difficulty in this regard, the court asked. Attorney General replied that the notorious terrorists like militants take opportunity from the guidelines.
The HC delivered its verdict on April 7, 2003, responding to a writ petition filed by a group of human rights organizations including Bangladesh Legal Aid and Services Trust (BLAST) and individuals after the death of university student Shamim Reza Rubel in police custody on July 23, 1998.
In the judgment, the HC asked the government to amend some provisions of the CrPC of 1898 that contradicted the Constitution. Those provisions gave police controversial powers.
The HC also issued a 15-point directive and asked the government to comply with it immediately to stop police from making arbitrary arrests on suspicion and torturing arrestees on remand.
Later the government filed appeal against the judgment. On May 24, 2016, the Appellate Division dismissed the appeal and upheld the HC verdict with modifications. It also issued a 19-point guideline for police, magistrates and judges to stop arbitrary arrests on suspicion and torturing arrestees on remand.
The government filed the petition with the SC in 2017 seeking review of its judgment. Lawyers ZI Khan Panna, Aneek R Haque and Md Shahinuzzaman appeared for the writ petitioners during hearing of the review petition.
