PUBLIC INTEREST LITIGATION (PIL)

1. Bangladesh Legal Aid and Service Trust (BLAST)
2. Ain o Shalish Kendra (ASK)
3. Shommilito Shamajik Andolon

Secretary, Ministry of Law, Justice and Parliamentary Affairs and others 

The High Court Division issued a Rule Nisi in the Writ Petition No. 3806/1998 against persistent abuse of power and authority by the law enforcing agencies under section 54 and 167 of the Code of the Criminal Procedure resulting in torture in police custody and custodial death including the custodial death of Rubel. Accordingly Court issued show causea as to why the law enforcing agencies shall not be directed to refrain from an abusive exercise of powers under section 54 of the Code of Criminal procedure or to seek unreasonable remand under section 167 of the CrPC.

Subsequently High Court Division on 07.04.2003 pronounced judgment making the rule absolute and gave 15 directions. The High Court also recommneded to amend section 54, 167,176 and 202 of CrPC section 330 of Penal Code and recommneded to add new section afetr section 348, 302A of Penal Code amd section 44 of the Police Act 1861. 

The 15 guidelines are as follows:

• No Police officer shall arrest anyone under Section 54 for the purpose of detention under Section 3 of the Special Powers Act, 1974
• A police officer shall disclose his/her identity and show his/her ID Card on demand to the person arrested or those present at the time of arrest
• A record of reasons of arrest and other particulars shall be maintained in a separate register till a special diary is prescribed
• The concerned officer shall record reasons for marks of injury, if any, on the person arrested and take him/her to nearest hospital or government doctor
• The person arrested shall be furnished with reasons of arrest within three hours of bringing him/her to the Police Station
• If the person is not arrested from his/her residence or place of business, the relatives should be informed over the phone or through messenger within one hour of bringing him/her to Police Station
• The person concerned must be allowed to consult a lawyer of choice or meet nearest relations
• While producing the detained person before the Magistrate under Section 61 of the CrPC, the police officer must forward reasons in a forwarding letter under Section 167 (1) of the CrPC as to why the investigation could not be completed within twenty-four hours and why s/he considers the accusation and information to be well founded
• On perusal of the forwarding letter, if the Magistrate satisfies him/herself that the accusation and information are well founded and materials in the case diary are sufficient for detaining the person in custody, the Magistrate shall pass an order of detention and if not, release him/her forthwith
• Where a person is released on the aforesaid grounds, the Magistrate shall proceed under 190(1)(c) of the CrPC against the Officer concerned under Section 220 of the Penal Code.
• Where the Magistrate orders detention of the person, the Officer shall interrogate the accused in a room in a jail until a room with glass wall or grille on one side within sight of lawyer or relations is constructed
• In any application for taking accused in custody for interrogation, reasons should be mentioned as recommended
• The Magistrate while authorizing detention in police custody shall follow the recommendations laid down in the judgment
• The police officer arresting under Section 54, or the Investigating Officer taking a person to custody or the jailor must inform the nearest Magistrate about the death of any person in custody in compliance with these recommendations
• The Magistrate shall inquire into the death of any person in police custody or jail as per the recommendations.

Mr. Justice Surendra Kumar Sinha
Chief Justice

Mr. Justice Syed Mahmud Hossain

Mr. Justice Hasan Foez Siddique

Mr. Justice Mirza Hussain Haider