Facts: BLAST, Ain o Salish Kendra, Shonmilito Shamajik Andolon and several
individuals filed a writ petition in the High Court challenging the abuse of police
powers to arrest without warrant under Section 54 of the Code of Criminal
Procedure (CrCP) and the abuse of powers regarding taking the accused into
remand (police custody) under Section 167 of the CrPC. The petitioners referred
to recent incidents of gross abuse of power, including allegations of custodial death,
torture and inhuman treatment, especially the killing of a young student, Rubel, in
remand after arrest under Section 54 of the CrPC. The matter was disposed with
directions by the High Court Division. The Govt filed this civil appeal no 53/04 being
aggrieved with the judgment passed on 07.04.2003 by the Hon'ble High Court
Division of the Supreme Court of Bangladesh.
Argument: The respondents argued that law enforcing agencies routinely abuse
the powers granted under Sections 54 and 167 of the CrPC, and further that these
provisions suffer from vagueness and allow for arbitrary exercise of power. The
petitioners argued that the Court should enunciate safeguards to prevent or curtail
police abuse of powers and arbitrary actions by Magistrates, which constitute
violations of citizens’ fundamental rights to life and liberty, to equal protection of
law, to be treated in accordance with law and to be free from cruel, inhuman and
degrading treatment and punishment as guaranteed under articles 32, 27, 31, 33
and 35 of the Constitution.
Order: The Appellate Division of the Supreme Court on 24 May 2016, dismissed
Government’s appeal and upholds guidelines ensuring that police powers to arrest
without warrant and magistrate’s power on remand are consistent with
constitutional safeguards on arrest and the prohibition on torture. The Appellate
Division of the Supreme Court of Bangladesh issued 10 point guidelines to the law
enforcement agencies and 9 point guidelines to the Magistrates, Judges and
Tribunals having power to take cognizance of an offence.
