Bangladesh, judicial invocation of human rights norms
is also increasingly gaining ground as an instrument of
filling the inadequacies in domestic law on human rights
norms, as well as an interpretative tool of domestic laws
or fundamental rights under the Constitution.
- Allowing Public Interest Litigation (PIL) as a means of
protection of collective rights of poor and underprivileged groups of people.3 Over the last decade, the
judiciary of Bangladesh has allowed PIL in a significant
number of cases involving wide ranging issues of
collective interest, to bring justice and ensure
fundamental rights to underprivileged sections of the
society.
The aim of this study is to analyse the past decisions of higher
judiciary in the field of arrest, detention and torture.
Methodology of the Study
This study is based on an analytical approach and critical
appraisal of judicial decisions of the Supreme Court of
Bangladesh. For the purpose of the study, relevant judicial
decisions have been collected from various sources and
analysed to identify the main trends on the issue. The study
has also reviewed the existing legal framework on arrest,
detention and torture under both national and international
law.
3
18
See, Jeremy Cooper, ‘Public Interest Law Revisited’, Bangladesh Journal of Law,
Vol. 2, No.1, (1998), pp. 1- 25.