Analysis of Decisions of the Higher Judiciary on Arrest and Detention in Bangladesh
Court Division issued a Rule against the RAB to show cause as
to why they should not be directed to ensure the safety and
security of persons detained in the RAB’s custody.14
Despite the High Court’s ruling, the use of torture in custody
of the RAB continues unabated as most of the incidents are
not challenged in court due to the official impunity they enjoy.
The survey of this case and other judicial decisions reveals
that the following broad issues can be identified:
Interpretation of ‘ Reasonable suspicion: Under section 54
of Cr. P. C., a police officer can arrest any person who has
been concerned in any cognisable offence, against whom
credible information has been received or against whom a
reasonable suspicion exists of having been so concerned in
any cognisable offence. Here the words ‘concerned’ and
‘credible’ or ‘reasonable’ information under section 54 of the
Cr. P.C. are frequently invoked as grounds for police arrest
without warrant. But in the absence of guidelines as to what
constitutes ‘concerned; ‘credible’ or ‘reasonable
information’, the section provides ample scope for misuse.
The judiciary scrutinized the meaning of ‘concerned’
‘credible’ or ‘reasonable information’ in several
pronouncements.
In Saifuzzaman vs. State15 the Supreme Court held that what
is a “reasonable suspicion” must depend upon the
14
15
Ibid, p. 50.
56 DLR 324
31