Analysis of Decisions of the Higher Judiciary on Arrest and Detention in Bangladesh jail, even after serving out their terms of conviction. The Court issued a rule nisi upon the respondents on April 16, 2005 to show cause as to why the continued detention of the persons in Dhaka Central Jail, in violation of their fundamental rights as guaranteed under Articles 31, 32, 35 (1) and 36 of the Constitution, and in spite of serving out the terms of their respective sentences, should not be declared to be without lawful authority and why an independent commission should not be appointed to conduct an inquiry into the matter. The Court also directed the respondents to submit a list of such prisoners. The Jail authority submitted the report and the case is still pending for final hearing. There are numerous reports of cases of extra-judicial killings allegedly committed by law enforcement agencies. Persistent abuse of power and authority by the law enforcing agencies resulting in extra-judicial killing of the citizens, in the name of cross-fire/encounter, constitutes a gross violation of fundamental rights guaranteed by the constitution of the People’s Republic of Bangladesh. In the case of ASK, BLAST and Karmojibi Nari Vs. Bangladesh and others, the court issued a Rule Nisi returnable within four weeks on 29.06.2009 calling upon the respondents to show cause as to why the extra-judicial killing, in the name of cross-fire/encounter by the law enforcing agencies, should not be declared to be illegal and without lawful authority and why the respondents should not be directed to take departmental and criminal action against persons responsible for such killing. 29

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