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Case Number: Writ Petition No. 1157 of 1997
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Case Number: Writ Petition No. 1157 of 1997

Date of filing: 1997/02/23


1.Bangladesh Legal Aid and Services Trust (BLAST)

2.Ain o Salish Kendra (ASK)

3.Bangladesh Mahila Parishad


1. Secretary, Ministry of Home Affairs

2. Secretary, Ministry of Law, Justice and Parliamentary Affairs

3. Inspector General of Prisons, Dhaka

4. Inspector General of Police, Dhaka

5. The Jailor, Barguna Jail, Barguna

6. Deputy Commissioner, Barguna


BLAST, along with Ain o Salish Kendra (ASK) and Bangladesh MahilaParishad, filed a writ petition challenging the detention of ‘A’, a complainant in a case of sexual assault, challenging the action of holding her in ‘safe custody’. After her initial hospitalization in Betangi Hospital she was moved to Borguna Hospital and then to safe custody in Borguna Jail. On continued deterioration of her health, she was again moved to Borguna Hospital and kept handcuffed to bed. The petitioners also impugned the practice of detaining women in name of safe custody by Magistrates based on discretionary undefined power, citing past instances of grave injustices including the custodial death of Shima Chowdhury.


Date: 24/02/1997


The High Court issued a Rule Nisi on 24.02.1997 calling upon the respondents to show cause as to why the detainee should not be brought before the court so that it may satisfy itself that she is not being detained without lawful authority.


Mr. Justice Mainur Reza Chowdhury

Mr. Justice M A Aziz

Area of law

Women’s Rights,


Safe Custody

Relevant statute

Constitution, Articles 27, 28, 31 and 36

Database Last Updated on: 2017-02-12 15:26:45