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
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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.