Top court’s verdict over laws on arrest without warrant, grilling in custody on May 24

Bangladesh’s top court has fixed May 24 to pronounce its ruling over a petition challenging a High Court verdict on two sections of the Code of Criminal Procedure (CrPC) over the arrest of an individual without a warrant and quizzing in custody.

The Appellate Division bench led by Chief Justice Surendra Kumar Sinha completed hearings on the matter on Tuesday, keeping its verdict pending.

Section 54 of the CrPC stipulates the circumstances allowing police to make an arrest without a warrant, while Section 167 addresses the issue of securing a detention order for the arrestee through the court.

According to the details of the lawsuit, Shamim Reza Rubel, student of a private university, was arrested in Dhaka under Section 54 in 1998. He died on Jul 23 the same year while in custody at the Detective Branch office.

Following Rubel’s death, the government formed a judicial inquiry headed by Justice Habir Rahman. The probe recommended amending Sections 54 and 167 of the CrPc.

                                            High Court’s instructions

· Police cannot arrest anyone under Section 54 in an attempt to secure a detention order from court.

· Law enforcers have to produce a proof of identity while making an arrest.

· Police have to inform an individiual the reason of his arrest within three hours.

· Close relatives of the arrestee will have to be informed over phone or through a messenger if the arrest is made anywhere else other than his home or office.

· The arrestee has to be allowed to consult with his lawyer and relatives.

· A magistrate's order will be required if the arrestee needs to be remanded. The questioning has to happen in a glass-made room in jail in the presence of the individuals' lawyers and relatives outside the room.

· Medical examination of the arrestee before and after questioning is mandatory.

· If allegations of torture in custody surfaces, then the magistrate will form a medical board immediately. If the doctors find proof of torture, steps against the police officials concerned have to be initiated under the Penal Code’s Section 330.

The rights body Bangladesh Legal Aid and Services Trust (BLAST) filed a petition with the High Court as the recommendations were not implemented.

In April 2003, the court pronounced its verdict through which it directed amending the laws relating to arrests without warrants and grilling in custody.

It also issued a set of instructions over the matter before amending the CrPC sections.

The court ordered the government to implement the instructions within six months.

The State moved to appeal against the verdict, which was granted in 2004, but the High Court’s order was not stayed then.

On Mar 22 this year, hearings on the appeal commenced.

On Tuesday, the court heard the matter for a second day and wrapped up the proceedings before fixing a date for the verdict.