PUBLIC INTEREST LITIGATION (PIL)

A compilation of PIL cases in Bangladesh

Case Number: Civil Review Petition No. 41 of 2017 (Ariisng out Civil Appeal No 53 of 2004)
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Case Number: Civil Review Petition No. 41 of 2017 (Ariisng out Civil Appeal No 53 of 2004)

Date of filing:

Petitioners

1.Govt. represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs

2. The Secretary, Ministry of Home Affairs

3. The Inspector General of Police

4. DIG, Dietective Branch

5. S.P, detective Branch

Respondents

1. Bangladesh Legal Aid & Services Trust (BLAST)

2. Ain-o-Salish Kendra (ASK)

3. Shammilta Shamajik Andolon

4. Sabita Rani Chakroborti

5. Alhaj Syed Anarul Haque

6. Sultan-uz-Zaman Khan

7. Ummun Naser alias Ratna Rahmatullah

8. Moniruzzaman HAyet Mahmud

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 bu the High Court Division. Later the Govt filed civl appeal no 53/04 which was also disposed of with directions in the year of 2017. The Govt filed this civil review being aggrieved with the judgment passed on 24.05.2016 by the Hon’ble Appellate Division of the Supreme Court of Bangladesh.

Rule/Order/Judgment

Date: 13/02/2020

Details

Appellate Division asked the government to file a concise statement with their specific objection to these guidelines and modification they wish to add before next hearing which is fixed on 16.04.2020

Justices

Mr. Justice Syed Mahmud Hossain – HCJ
Mr.Justice Muhammad Imman Ali
Mr.Justice Hasan Foez Siddique
Mr.Justice Mirza Hussain Haider
Mr.Justice Abu Bakar Siddiquee
Mr.Justice Md. Nuruzzaman

Area of law

Freedom from torture,
Fair Trial,
Access to Justice

Keywords

Section 54 case, Freedom from torture

Relevant statute

Constitution, Articles 27, 31, 32, 33 and 35; The Code of Criminal Procedure, 1898

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