1. Secretary , Ministry of Law, Justice and Parliamentary Affairs
2. Secretary, Ministry of Home Affairs
3. Inspector General of Police, Dhaka
4. Deputy Inspector General, Detective Branch, Dhaka
5. Superintendent of Police, Detective Branch, Dhaka
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 High Court initially issued a Rule Nisi, and upon full hearing delivered judgment observing that Sections 54 and 167 of the CrPC are not fully consistent with constitutionally guaranteed freedoms and safeguards. The Court laid down a comprehensive set of recommendations regarding necessary amendments to both sections of the CrPC, along with the Police Act, The Penal Code and the Evidence Act, and directed that these should be acted upon within six months. It also laid down a set of fifteen guidelines with regard to exercise of powers of arrest and remand:
The Magistrate shall inquire into the death of any person in police custody or jail as per the recommendations.
Mr. Justice Md. Hamidul Haque
Ms. Justice Salma Masud Chowdhury
On 24.05.2016, the Appellate Division of the Supreme Court of Bangladesh dismissed an appealby the Government against High Court guidelines aimed to prevent abuse of sections 54 and 167 ofthe Code of Criminal Procedure 1898. The Supreme Court upheld the 15-point guideline issued by the High Court in 2003 to prevent torture or ill-treatment ofindividuals arrested without warrant on suspicion of committing an offence or taken into policeremand for interrogation, under sections 54 and 167 of the Code respectively.
Constitution, Articles 27, 31, 32, 33 and 35;
The Code of Criminal Procedure, 1898
1. Secretary , Ministry of Law, Justice and Parliamentary Affairs
2. Secretary, Ministry of Home Affairs
3. Inspector General of Police, Dhaka
4. Deputy Inspector General, Detective Branch, Dhaka
5. Superintendent of Police, Detective Branch, Dhaka
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 High Court initially issued a Rule Nisi, and upon full hearing delivered judgment observing that Sections 54 and 167 of the CrPC are not fully consistent with constitutionally guaranteed freedoms and safeguards. The Court laid down a comprehensive set of recommendations regarding necessary amendments to both sections of the CrPC, along with the Police Act, The Penal Code and the Evidence Act, and directed that these should be acted upon within six months. It also laid down a set of fifteen guidelines with regard to exercise of powers of arrest and remand:
The Magistrate shall inquire into the death of any person in police custody or jail as per the recommendations.
Mr. Justice Md. Hamidul Haque,
Ms. Justice Salma Masud Chowdhury
On 24.05.2016, the Appellate Division of the Supreme Court of Bangladesh dismissed an appealby the Government against High Court guidelines aimed to prevent abuse of sections 54 and 167 ofthe Code of Criminal Procedure 1898. The Supreme Court upheld the 15-point guideline issued by the High Court in 2003 to prevent torture or ill-treatment ofindividuals arrested without warrant on suspicion of committing an offence or taken into policeremand for interrogation, under sections 54 and 167 of the Code respectively.
Constitution, Articles 27, 31, 32, 33 and 35;
The Code of Criminal Procedure, 1898