Judicial Guidelines on Prevention of Arbitrary Arrest, Detention and Torture Over the last years, the High Court Division delivered several judgements where the Government has been directed to amend legislation facilitating torture and follow guidelines in dealing with arrested persons to restrain police power. The judgements in BLAST vs Bangladesh and Saifuzzaman vs. State are the most important judicial pronouncements, which provide some important recommendations for amendments of relevant laws, and contain directions to reduce the scope and possibility of the abuse of police power. Although the guidelines and recommendations are not binding on the government, they indicate the potential areas for making necessary legal reform to address arbitrary use of arrest and detention. The directions given in BLAST vs Bangladesh21 broadly cover three important aspects of criminal proceedings: Arrest without warrant - No police officer shall arrest a person under Section 54 of the Cr. P.C. for the purpose of detaining him under Section 3 of the Special Powers Act, 1974. 21 36 See for detailed discussion on the judgement of BLAST vs. Bangladesh, ‘Seeking Effective Remedies: Prevention of Arbitrary Arrests and Freedom from Torture and Custodial Violence’, A Publication of Bangladesh Legal Aid Services Trust, Dhaka, 2005.

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