Other Areas of Interest

In June 2016[1]. The Apex Court confirmed that abuse of Sections 54 and 167 of the Code of Criminal Procedure (CrPC) 1898, dealing with arrest on suspicion and subsequent remand, were inconsistent with the fundamental rights guaranteed by the Constitution. The Appellate Court confirmed the directions issued by the High Court in 2004 and declared that in the full judgment it will issue specific guidelines for the Police for exercising its powers under S. 54 and 167 of the CrPC.

Why such judicial intervention? Well, truth being told, those days are long gone when the men in blue were the symbol of peace and were known as the protectors of civilians, despite that being the very purpose for establishment of the institute. In reality, the current police system in Bangladesh has been run into the sands. From taking bribes to fabricating evidence, physical torture to custodial death, abduction of civilians to the death of alleged criminals in encounters; our police force has gained notoriety for all the wrong reasons.

From its inception, both the methods of policing and the power of the police in Bangladesh have been questioned. The number of reported deaths and severe injuries to alleged criminals during apprehension or while in custody are alarmingly high. The Annual Report of Odhikar[2] Also the police officers are strictly required to maintain proper procedure while conducting interrogation of an accused.[3] the court observed that the police forces are causing “severe violation of the fundamental rights of the citizens”[4] the Supreme Court took the much needed and awaited bold step of declaring the practice unconstitutional and issued 15 directives to the Government, along with recommendations to implement by way of amending the CrPC.

The Appellate Court confirmed that:

a) No 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.

b) A police officer must show his identity card to the person arrested and to the persons present at the time of arrest.

c) Immediately after bringing the Arrestee to the police station, the police officer shall record the reasons for the arrest and other details of the circumstances surrounding the arrest.  

d) Any marks of injury on the person arrested, must be recorded with reason of injury and medical treatment must be arranged.

e) The arresting officer shall furnish the reasons for arrest to the person arrested within three hours of bringing him to the police station.

f) If the person is not arrested form his residence or place of business, the nearest relation of the arrestee must be informed within one hour of bringing him to the police station and should be allowed to meet the Arrestee.

g) The arrested person should be allowed to consult the lawyer of his choice.

h) When the Arrestee is produced before the nearest Magistrate, the police officer must justify in writing, with relevant evidence, why the investigation could not be completed within 24 hours and why he considers that the accusation or the information against that person is well founded.

I) If the investigating officer applies for remand of the accused in police custody for interrogation, rather than at the prison, he is now required to justify in writing with evidence the reasons for taking the accused in custody.

j) If such order is passed as above, the accused, before he is taken on custody of the investigating officer, shall be examined by a doctor designated or by a Medical Board constituted for this purpose and the report shall be submitted to the Magistrate concerned. After expiry of the period granted for remand, the investigating officer shall produce him before the Magistrate and if the accused makes any allegation of torture, the Magistrate shall at once send the accused to the same doctor or Medical Board for examination. If the Magistrate finds from the report of the doctor or Medical board that the accused sustained injury during the period under police custody, he shall proceed under the section 190(1) of the CrPC against the investigating officer for an offence under section 330 of the Penal Code without filing of any petition of complaint by the accused.

k) If a person dies in police custody or in jail, the investigating officer or the jailor shall at once inform the nearest Magistrate of such death. The Magistrate shall proceed to the place, make an investigation, draw up a report of the cause of death describing marks of injuries found on the body stating in what manner or by what weapon the injuries appear to have been inflicted. The Magistrate shall then send the body for post mortem examination. The report of such examination shall be forwarded to the same Magistrate immediately after such examination.

It took 33 years since the birth of Bangladesh for the Court to make a preliminary judicial intervention and another 12 years for the Appellate Court to confirm it, but with much hope it can be stated that through this long fought litigation, Bangladesh has taken a bold step towards the right direction. Implementation of these directives will ensure that the accused is not subject to any torture during remand and interrogation by the Police. More importantly, if he is subject to such torture, judicial intervention will be automatic and immediate.

Ferdausur Rahman, Barrister, Lincoln’s Inn, is a partner of A.S & Associates, a corporate law firm based in Dhaka, with branch office at Mymensingh & a network firm at Sylhet, specialised in Foreign/Financial Investment, Corporate Affairs & Compliance, Banking and Financial Institutions and Power & Energy Sector. A.S & Associates also provides litigation and ADR services. Ferdausur leads the Employment & Labour Sector, Corporate Governance, Compliance & Regulatory Matters, Govt., NPO/NGO & Charitable Organizations related issues and International & Commercial Contract. He is the Reporting Partner of A.S & Associates Network Firm at Moulovibazar.