Analysis of Decisions of the Higher Judiciary on Arrest and Detention in Bangladesh
- It shall be the duty of the Magistrate, before whom the
accused person is produced, to satisfy that these
requirements have been complied with before making
any order relating to such accused under section 167
of the Code.
The court ordered that these guidelines should be forwarded
to the Secretary, Ministry of Home Affairs, Chief
Metropolitan Magistrates and District Magistrates and
ordered that every police station should comply within 3
months from that date. The Registrar, Supreme Court of
Bangladesh, was directed to circulate the requirements as
per direction made above. The court also directed that if the
concerned police officers and the Magistrates fail to comply
with the above requirements, within the prescribed time,
they will be rendered liable to be punished for contempt of
Court, if any application is made by the aggrieved person in
the Court.
In this case, the High Court Division Bench also suggested
amendments of the relevant sections, but unlike the BLAST
case, it refrained from formulating its own amendments of
the relevant provisions of law. The court clearly recognised
that it could not direct the Legislature to amend the relevant
laws without declaring the existing laws unconstitutional.
According to Dr.Shahdeen Malik, “These judgements, it
needs to be emphasised, directed major changes in the way
the police act. The police power of arrest and remand had
never been scrutinised before and neither had the
constitutional safeguards regarding arrest and detention of
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