Guidelines on Remand 33. If the Magistrate is satisfied that the accusation or the information is well-founded and that there are materials in the case diary for detaining the person in custody, the Magistrate shall pass an order for further detention in jail. Otherwise, he shall release the person forthwith. - If the Magistrate passes an order for further detention in jail, the Investigating officer shall interrogate the accused if necessary for the purpose of investigation in a room constructed with glass wall in the jail; - In the application for taking the accused in police custody for interrogation, the investigating officer shall state reasons for it; - The police officer of the police station, or the Investigating officer who takes a person in police custody or the jailor of the jail, shall at once inform the nearest Magistrate 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. - If the arrested person is taken on police remand, he must be produced before the Magistrate after the expiry of the period of such remand and in no case he shall be sent to the judicial custody after the period of such remand without producing him before the Magistrate. - Registration of a case against the arrested person is sine-qua-non for seeking the detention of the arrestee either to the police custody or in the judicial custody under section 167(2) of the Code. The court directed the Government to implement the recommendations made above in BLAST vs Bangladesh case within six month from the date of the judgment. In this judgment, the court also 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 guidelines delivered in these two judgments are yet to be implemented by the government by undertaking necessary amendments or change in the relevant provisions of the Cr. P. C. The government had filed appeal against these judgments and as a result, these cases are still pending in the Appellate Division of the Supreme Court. The NHRC believes that implementation of these guidelines requires political will on the part of the government. Article 10 Rights of prisoners 34. The state report describes various laws on prisoners' rights and prison management.33 But it hardly addresses the dismal scenario of rights of prisoners and prison management. The existing law says that persons deprived of liberty are to be treated with humanity and with respect for the inherent dignity of the human person But prison conditions in Bangladesh are harsh due to overcrowding, lack of medical facilities and lack of proper sanitation contributing to custodial death. Sometimes political prisoners are subjected to torture and ill-treatment. 33 Para 112 of the State report. 17

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