Analysis of Decisions of the Higher Judiciary on Arrest and Detention in Bangladesh In Alhaj Md. Yusuf Ali vs. The State16, the High Court Division interpreted ‘reasonable suspicion’ in exercising power under section 54, as a bona fide belief on the part of the police officer that an offence has already been committed or is about to be committed. The Court further held that a police officer arresting a person unjustifiably or otherwise than on reasonable grounds and bona fide belief renders himself liable for prosecution under section 220 of the Penal Code. In BLAST vs. Bangladesh, the court held: “...Use of the expression ‘reasonable suspicion’ implies that the suspicion must be based on reasons and reasons are based on existence of some fact which is within the knowledge of that person. So when the police officer arrests a person without warrant, he must have some knowledge of some definite facts on the basis of which he can have reasonable suspicion.” Limitation on Magisterial Power of Remand: Considering the fact that torture is a routine matter in police remand of accused, the judiciary has ruled against frequently ordering remand by police, to prevent its abuse. In a recent case of Ain-o-Salish Kendra vs Bangladesh,17 the accused Shaibal Saha Partha was apprehended by plain clothes police, and after four days he was produced at a police station. The accused was taken on remand by the police on two occassions but no confession could be recorded from him. 16 17 22 BLD (2002) 231. 56 DLR (2004) (HCD) p. 620. 33