The Appellate Division of the Supreme Court on Thursday released its full verdict that upheld an earlier High Court order for the reform of the provisions of arrest without warrant and interrogation on remand under sections 54 and 167 of the CrPC.
The 396-page copy of the full text verdict signed by a Four-member Bench of the Appellate Division, headed by Chief Justice Surendra Kumar Sinha, was released with 10 guidelines.
The verdict said, “A law enforcing officer shall disclose his identity if demanded and shall show his identity card to the person arrested and to the persons present at the time of arrest.
A member of law enforcing officer making the arrest of any person shall prepare a Memorandum of Arrest immediately after the arrest and such officer shall obtain the signature of the arrestee with the date and time of arrest in the said Memorandum. No law enforcing officer shall arrest a person under section 54 of the code for the purpose of detaining him under section 3 of the Special Power act, 1974.
If the person is not arrested from his residence or place of business, the law enforcing officer shall inform the nearest relation of the person in writing within 12 hours of bringing the arrestee in the police station.”
It also asked the Inspector General of Police (IGP) and DG of Rapid Action Battalion (RAB) to issue a circular with the 10 guidelines for their respective units and all police stations across the country.
Earlier on May 24, the Supreme Court upheld a High Court order that asked for the reform of the provisions of arrest without warrant and interrogation on remand under sections 54 and 167 of the CrPC.
With the SC judgment, the HC directives will have to be followed while arresting anyone under section 54 and putting anyone on remand under section 167.
On May 17, observing that any arrest by law enforcers in plainclothes is alarming, the Supreme Court said the law enforcers will have to be in uniform while arresting anyone.
The Supreme Court started hearing the petition filed by the State against the HC order on March 22.
On January 20, the Appellate Division asked the government what steps had been taken regarding the HC guideline. 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 police arrested Shamim Reza, a student of Independent University, under section 54 of the CrPC. The student died in police custody later.
A Bangladesh Legal Aid and Services Trust filed a writ petition with the HC in 2003. Then the HC asked the government to take steps to amend the relevant sections of the CrPC in its verdict. The court also gave 10 directives for amending it. In 2004, the then four-party alliance government filed an appeal against the HC verdict.
