Thereafter, Partha was also shown arrested in a bomb blast
case and in connection with that case, the accused was once
again taken on police remand. The court held that the
accused had already been remanded in custody twice, by the
police, yet there is nothing before the court to show the
outcome of such remand. The court directed respondents
not to go for further remand of the accused and in the case of
the ongoing remand, he should not be subjected to physical
torture of any kind. In the case of Hafizuddin vs. the State,18
the Magistrate did not issue warnings before recording
confessions and did not give time for reflection. In this case,
the Magistrate was held liable for failing to inform the
accused that they would not be sent to police custody after
making confessional statements.
In the case of State vs Abul Hashem19 the court held that
when the accused was kept in police custody for two days, it
was the duty of the Magistrate,who recorded their
confession, to put questions as to how they were treated in
the police station, why they were making confessions and
that if they made a confession or not, whether they would be
remanded in police custody. Further, it is found in the record
that the Magistrate did not inform the accused persons that
he was not a police officer but a Magistrate. The Court held:
“On scrutnity, we find in the record that magistrate
sent the accused persons to the police custody after
18
19
34
42 DLR (1990) (HCD)p. 397.
50 DLR (1998)(HCD) p 17.