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 43

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