RIGHT TO FREEDOM FROM TORTURE AND ARBITRARY POLICE ACTION

BLAST has undertaken public interest litigation to ensure that suspects are given due process of law and are not tortured, arbitrarily arrested or executed by police officers. BLAST obtained a judgment, 55 DLR (2003) 363, in which the High Court determined that Sections 54 and 167 of the Code of Criminal Procedure (CrPC), which permit the police to arrest without warrant and magistrates to take persons into remand, were inconsistent with the Constitution of Bangladesh. The Court made specific recommendations to Parliament for amending these sections and issued guidelines to be implemented immediately by the law enforcing agencies and by magistrates to prevent misuse of the laws.

While awareness of such judgments is spreading throughout the criminal court system, individual rights are however frequently abused. BLAST continues to advocate for reform through action on the High Court’s recommendations, amendment of the CrPC to address their recommendations, through continuing litigation. Key law reform initiatives are focused on Sections 54 and 167 of the CrCP.

Judgments:

  • Bangladesh Legal Aid and Services and Trust and others vs. Bangladesh and Others [Section 54 Guidelines Case, or Rubel Killing Case, or Guidelines on Arrest and Remand Case] Writ Petition No. 3806 of 1998
    55 DLR (2003) 363
    Full Text
    Summary
  • Bangladesh and others vs. BLAST and others [‘Section 54 Guidelines Case’, or ‘Rubel Killing Case’ or ‘Guidelines on Arrest and Remand Case’]
    Civil Appeal No 53 of 2004 (Arising out of Writ Petition 3806 of 1998)
    Appellate Division of the Supreme Court of Bangladesh
    Full Text
    Summary
  • Bangladesh Legal Aid and Services Trust vs. Bangladesh and others [Detention of Child Md Zabed Case] Writ Petition No. 4191 of 1998
    4 BLC (1999) 600
    Full Text
    Summary

Pending:

  • Bangladesh and others vs. BLAST and others [‘Section 54 Guidelines Case’, or ‘Rubel Killing Case’ or ‘Guidelines on Arrest and Remand Case’]
    Civil Review Petition No. 41 of 2017 (Arising out Civil Appeal No 53 of 2004)
    Summary
  • BLAST and others vs. Bangladesh and others [Rickshaw Pullers Arrest Case]Writ
    Petition No. 6767 of 2001
    Summary
  • BLAST, ASK and another vs. Bangladesh and others [Forcible entry of BDR Personnel Case] Writ Petition no. 3621 of 2002
    Summary
  • ASK, BLAST and others vs. Bangladesh and others [Mass Arrest Case] Writ Petition No. 2192 of 2004
    Summary

Case Studies

  • HANDCUFFING BY THE POLICE 

BLAST drew the High Court’s attention to a news report which stated that the police had arrested and handcuffed a student of Jahangir Nagar University to a hospital bed. The High Court issued a Suo Motu order asking the authorities to explain their actions. BLAST intervened in the matter, after the order was issued. Following the Court’s orders, the police removed the handcuffs, and the four police officers involved appeared before the Court to seek an unconditional apology.