The Supreme Court yesterday (Tuesday) upheld a High Court order that sought reform of provisions of arrest without warrant and interrogation on remand under Sections 54 and 167 of the Criminal Procedure Code (CrPC). A four-member bench of the Appellate Division, headed by Chief Justice SK Sinha, passed the order.

Barrister Sara Hossain, lawyer for the Bangladesh Legal Aid and Services Trust (BLAST), said the court rejected the appeal of the state and would issue guidelines in the full judgment. The Appellate Division also upheld the 15 directives of the HC. The court also said Sections 54 and 67 of the CrPC are contradictory to Sections 31, 33 and 35.

On May 17, observing that any arrest by law enforcers in plainclothes is alarming, the Supreme Court had said that law enforcers will have to be in uniform while arresting anyone. A four-member bench of the Appellate Division, headed by Chief Justice SK Sinha, came up with the observation after hearing a petition filed by the state. The court had fixed May 24 for passing an order on the petition.

On March 22, the Supreme Court started hearing the petition filed by the state against the HC order.

On January 20, the Appellate Division sought to know from the government what steps had been taken regarding the HC guidelines. The SC directed the government to submit a progress report in this regard.

In 1998, assistant commissioner Akram Hossain of the Detective Branch (DB) of the police arrested Shamim Reza, a student of Independent University, under Section 54 of the CrPC. The student died in police custody later.
As the Bangladesh Legal Aid and Services Trust filed a writ petition before the HC in 2003, the court asked the government to take steps to amend the relevant sections of the CrPC. The court also gave 15 directives for amending it. In 2004, the then Four-Party Alliance government filed an appeal against the HC verdict.

Lawyers said the High Court instructions stood effective following the latest verdict. Attorney general Mahbubey Alam and additional attorney general Murad Reza represented the State at the hearing. After the verdict was pronounced, lawyer for the writ petitioner Sara Hossain said: “The judgment has given it (High Court instruction) a binding effect.”
Expressing his satisfaction with the verdict, renowned lawyer Dr Kamal Hossain said: “It seems we are entering the 21st century from the 19th century.”

The High Court instructions are as follows:

a. Law enforcers must not arrest anyone under Section 54 to put him/her into detention.

b. They shall show their identity cards while arresting the person.

c. They shall inform the person of the reason behind the arrest within three hours.

d. They must inform relatives of a person arrested anywhere outside his/her house or workplace within an hour of the arrest through telephone or a messenger. 

e. The detainee shall be allowed to meet lawyers and relatives for legal assistance. 

f. If law enforcers want to quiz the person in custody, they must take permission from a magistrate and the interrogation must take place in a glass-made room inside the prison. Relatives and lawyers of the detainee can be present outside the room.

g. The detainee must be checked by a doctor before and after the interrogation.

h. If the detainee alleges physical torture during interrogation, the magistrate shall form a medical board to check his/her health condition. If the allegation is found to be true, the magistrate shall take action against the law enforcers responsible under Section 330 of the CrPC.

Home minister Asaduzzaman Khan Kamal has said that the law enforcement agencies, especially the police, will follow the High Court order during arrest and interrogation under Sections 54 and 167 of the CrPC. The home minister said this to reporters at his Secretariat office yesterday.
The Supreme Court yesterday upheld a High Court order that asked for reforms of the provisions of arrest without warrant and interrogation on remand under Sections 54 and 167 of the CrPC.

“We will take departmental action against anyone who misuses the law,” he said. The minister, however, said members of law enforcement agencies will follow the guidelines after receiving a copy of the court judgment.

Replying to a question, the home minister said law enforcement agencies will have to follow the rules when arresting someone or putting someone on remand under Sections 54 and 167 of the CrPC.

Law minister Anisul Haq said that as per the directives of the High Court, the government will amend Sections 54 and 167 of the CrPC, dealing with arrest on suspicion and subsequent remand, for the sake of the people of the country.

The minister came up with the statement at a press conference in his office at the Secretariat, hours after the Supreme Court upheld the High Court directive with some modifications and guidelines to stop the police from making arbitrary arrests on suspicion and torturing the arrested person on remand.

“The Supreme Court has given the ruling on the premise that the police misuse the two sections of the CrPC. The SC has also made some modifications and given directives in this regard. We haven’t yet got the full verdict. But we have come to know that the HC asked the government to amend the two sections and we will do it for the sake of the people,” he said.

Replying to a question whether the police misused Sections 54 and 167 of the CrPC, the law minister said: “The police can arrest anybody on suspicion under these sections, but the person arrested should be produced before the court within 24 hours. But we haven’t had such an experience. We will take action if such an incident does take place.”
The HC asked the government to amend the relevant sections of the CrPC within six months from the date of the ruling.