Analysis of Decisions of the Higher Judiciary on Arrest and Detention in Bangladesh
jail, even after serving out their terms of conviction. The
Court issued a rule nisi upon the respondents on April 16,
2005 to show cause as to why the continued detention of the
persons in Dhaka Central Jail, in violation of their
fundamental rights as guaranteed under Articles 31, 32, 35
(1) and 36 of the Constitution, and in spite of serving out the
terms of their respective sentences, should not be declared
to be without lawful authority and why an independent
commission should not be appointed to conduct an inquiry
into the matter. The Court also directed the respondents to
submit a list of such prisoners. The Jail authority submitted
the report and the case is still pending for final hearing.
There are numerous reports of cases of extra-judicial killings
allegedly committed by law enforcement agencies.
Persistent abuse of power and authority by the law enforcing
agencies resulting in extra-judicial killing of the citizens, in
the name of cross-fire/encounter, constitutes a gross
violation of fundamental rights guaranteed by the
constitution of the People’s Republic of Bangladesh. In the
case of ASK, BLAST and Karmojibi Nari Vs. Bangladesh and
others, the court issued a Rule Nisi returnable within four
weeks on 29.06.2009 calling upon the respondents to show
cause as to why the extra-judicial killing, in the name of
cross-fire/encounter by the law enforcing agencies, should
not be declared to be illegal and without lawful authority and
why the respondents should not be directed to take
departmental and criminal action against persons
responsible for such killing.
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