30. One important effect of special criminal laws is proliferation of special criminal courts and tribunals in which crime can be tried under different procedures. The underlying purpose of these special courts and tribunals is to ensure speedy trial of specified offences. Usually, these laws contemplate 7-21 day timeframe for the police to complete the investigation and a 30-45 day timeframe running from the date of submission of police report to the Court to completion of the trial. Such rigid-time frame of completion of investigation and trial may sometimes prevent to prepare legal representation adequately by accused to defend himself and create pressure upon the investigating officer to extract confessional statement by torture.30 Judicial Guidelines on Arbitrary Arrest and Detention 31. The higher judiciary in Bangladesh has taken a proactive stand in the protection, promotion and implementation of the rights of torture survivors and in enforcing the corresponding obligations of the State. Over the last years, the High Court Division delivered several judgements where the Government has been directed to amend legislation facilating torture and follow guidelines in dealing with arrested persons to restrain police power. The judgements in BLAST vs Bangladesh and Saifuzzaman vs. State are the most important judicial pronouncements, which provide some important recommendations for amendments of relevant laws and contains directions to reduce the scope and possibility of the abuse of police power. The guidelines and directions given in BLAST vs Bangladesh31 and Saifuzzaman vs State32 broadly cover two important aspects of criminal proceedings: Guidelines on Arrest without warrant: 32. No police officer shall arrest a person under section 54 of the Cr. P.C. for the purpose of detaining him under sec. 3 of the Special Powers Act, 1974. - A Police officer shall disclose his identity and if demanded, shall show his identity card to the person arrested. - He shall record the reasons for the arrest and other particulars in separate register till a special diary is prescribed. - Police officer shall furnish reasons of arrest to the detained person within three hours of bringing him to the police station. - Arrested person should be allowed to consult a lawyer of his choice or meet his relatives. - If a police officer finds any marks of injury on the person arrested, he shall record the reasons for such injury and shall take the person to the nearest hospital or Government doctor for treatment. - The police officer making the arrest of any person shall prepare a memorandum of arrest immediately after the arrest and such officer shall obtain the signature of the arrestee with the date and time of arrest in the said memorandum. 30 See Islam, M. Rafiqul and S. M. Solaiman, ‘The New Speedy Trial law to maintain law and order in Bangladesh: Its constitutional and human rights implications’. Vol. 46, No. 1. Journal of the Indian Law Institute, (2004) pp. 79-98. 31 56 DLR 324. 32 See for detailed discussion on the judgement of BLAST vs. Bangladesh, ‘Seeking Effective Remedies: Prevention of Arbitrary Arrests and Freedom from Torture and Custodial Violence’, A Publication of Bangladesh Legal Aid Services Trust, Dhaka, 2005. 16