All arrested persons should face in the court to get lawful court verdict to prove whether they are guilty or not guilty without doing bargain for unconditional releasing them.
It is the way to establish justice of law justice of lawful administration to build peaceful lawful society in the country.
In the past it was not done lawfully for this reasons corrupted people have made Bangladesh Heaven for them.
Syed Aslam <Syed.Aslam3@gmail.com> wrote:
Syed Aslam <Syed.Aslam3@gmail.com> wrote:
Arrests on suspicion continue in violation of SC directives
Two lakh people held since Jan 11
ShahiduzzamanAt least 2,01,204 people have been arrested so far since the imposition of state of emergency on January 11 on mere suspicion under Section 54 of the Code of Criminal Procedure and Section 86 of the Dhaka Metropolitan Police Ordinance.
Law enforcers continue arresting people on suspicion abusing those laws in violation of several orders and directives of the Supreme Court, about which most of the lawmen do not have any clear idea, reveals a recent study by the Bangladesh Legal Aid and Services Trust.
On the other hand, the High Court's directives on amendment to those laws empowering law enforcers to arrest people without any warrant and interrogation of detainees remanded in police custody as well as a draft bill for making the amendments have been gathering dust at the home ministry for more than five years now.
A total of 4,40,684 people have been arrested on various grounds since January 11, a cabinet committee meeting on law and order was told on December 10. Of the arrested, warrants were issues for arrest of 2,39,480 and the remaining 2,01,204 were arrested on suspicion, meeting sources said.
The DMP alone arrested 1,934 people under Section 54 of the CrPC and 23,450 more under Section 86 of the DMP Ordinance.
The High Court on April 17, 2003 issued a 15-point directive on the government and asked police officers, magistrates, jail officials, and sessions' judges to ensure that human rights were not violated.
The directives were issued in the judgement on a public interest litigation writ petition filed by the BLAST and a number of other rights organisations and activists challenging the abuse of law enforcers' arbitrary power of arrest on suspicion and torture of arrested people in police remand.
The writ petition was filed in November 1998 following the government's continued inaction in implementing and making public the recommendation made by the judicial inquiry commission of Justice Habibur Rahman Khan, formed to probe the killing of Shamim Reza Rubel, a university student who died in police custody at the Dhaka office of the Detective Branch of police on July 23, 1998. He was arrested under Section 54 of the CrPC.
In the 15-point directive, the police was ordered to disclose their identity while arresting people, furnish the people with the reasons for their arrest within three hours of taking them to police station, inform the relatives of the arrested immediately, and arrange for examination of the people injured during their arrest by physicians.
According to the findings of the BLAST study conducted this year, 53.6 per cent of people arrested in 2007 were not given any chance even to ask about the reasons of their arrest and the families of 63.9 per cent of them were not informed about the arrests.
The court also directed the authorities concerned to build rooms with glass walls in jails for interrogation of the arrested. Until such rooms are made, the arrested will be interrogated at the jail gates in presence of their relatives and lawyers, the court said.
But no such glass-walled room has been made yet and no relative or lawyer has been allowed to be present during interrogation of any arrested person. Police officials argued relatives and lawyers had not been allowed to be present during the interrogations for the sake of investigations, the study report said.
There have been only a few incidents of interrogating detainees at jail gates. Of the police officers, interviewed by the study team, 51.2 per cent did not reply to the query about the contents of the court directives and none of the rest could clearly mention any of the directives.
Since April 2003, the High Court and the Appellate Division of the Supreme Court so far have issued a number of orders on the government not to arrest people on mere suspicion, unless they are found in possession of arms or any dangerous sharp implements or weapons, between sunset and sunrise without any satisfactory reason.
The orders came in the wake of indiscriminate blanket arrest made immediately before various agitation programmes of opposition parties.
But all the orders of the Supreme Court have failed to restrain law enforcers from continuing with abusing their arbitrary power of arresting people on mere suspicion, without any warrant.
In the April 17, 2003 verdict, the High Court also directed the government to amend the sections 54 and 167 of the CrPC.
According to law ministry sources, they sent a draft bill proposing amendments to the sections along with the High Court directives to the home ministry in June 2003, seeking the latter's opinion, but they are yet to get any response.
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