caused a public outcry and got huge media coverage. As a
result of wide publicity of the death of Shamim, there was an
investigation. There was a post-mortem and after
investigation, charges were brought against the accused
persons under section 302 of the Penal Code. It was found
that AC Akram, an officer of the Detective Branch, in
association with some other officers, brutally tortured the
victim, which caused his death. After the trial, the accused
was convicted and sentenced to imprisonment for life.
The High Court Division also provided interpretation of
several provisions of the Cr. P. C. relating to arrest and
detention and issued some guidelines. The court held that
the word ‘concerned’ is a vague word, which gives
unhindered power to a police officer to arrest any person.
The Court observed that in order to safeguard the life and
liberty and to limit the power of the police, the word
‘concerned’ is to be substituted by any other appropriate
word. The Court developed a list of guidelines on the use of
arrest and detention that are discussed later.
In ASK (Ain 0 Salish Kendra) vs. Bangladesh and others11, the
unlawful detention of the prisoners languishing in Dhaka
Central Jail, despite having served out their terms of
conviction, was challenged. According to law, after
pronouncing conviction, the court will send the conviction
warrant to the jail authority. But due to negligence of court
staff and jail authorities, the said conviction warrants did not
reach the jail and many prisoners could not be released from
11
28
57 DLR (HCD)