Analysis of Decisions of the Higher Judiciary on Arrest and Detention in Bangladesh
- If the Magistrate authorizes detention in police
custody he shall follow the recommendation
contained in recommendation B(2)(c)(d) and
B(3)(b)(c)(d).
- The police officer of the police station who arrests a
person under Section 54 or the Investigating officer
who takes a person in police custody or the jailor of the
jail as the case may be, shall at once inform the nearest
Magistrate as recommended in recommendation
B(3)(e) of the death of any person who dies in custody.
- A Magistrate shall inquire into the death of a person in
police custody or in jail immediately after receiving
information of such death.
The court directed the Government to implement the
recommendations made above within six months from the
date of the judgment.
This judgment made detailed recommendations for the
necessary amendments to the relevant sections of the Code
of Criminal Procedure, 1898, the Penal Code, 1860 and the
Evidence Act, 1908 to ensure that the directions, guidelines
and safeguards enunciated in the judgment are strictly
followed as a matter of law. The judgment made a total of
seven sets of recommendations
In Saifuzzaman V State22, the High Court Division took notice
of the severe violation of the fundamental rights of the
22
56 DLR 324.
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