Remand

 

IN THE SUPREME COURT OF BANGLADESH

(HIGH COURT DIVISION)

Writ Petition No. 3806 Of 1998

Decided On: 07.04.2003

Bangladesh Legal Aid and Services Trust (BLAST) and others

Vs.

Bangladesh and others 

Equivalent Citations:- 2003 23 BLD HIGH COURT DIVISION 115; 55 DLR (2003) 363

 

 

The directions are as follows:

1)    No police officer shall arrest a person under section 54 of the Code for the purpose of detaining him under section 3 of the Special Powers Act, 1974.

2)    A police officer shall disclose his identity and if demanded, shall show his identity card to the person arrested and to the persons present at the time of arrest.

3)    He shall record the reasons for the arrest and other particulars as mentioned in recommendation A (3)(b) in a separate register till a special diary is prescribed.

4)    If he finds, any marks of injury on the person arrested, he shall record the reasons for such injury and shall take the person to the nearest hospital or Government doctor for treatment and shall obtain a certificate from the attending doctor.

5)    He shall furnish the reasons for arrest' to the person arrested within three hours of bringing him in the police station.

6)    If the person is not arrested from his residence or place of business, he shall inform the nearest relation of the person over phone, if any, or through a messenger within one hour of bringing him in the police station.

7)    He shall allow the person arrested to consult a lawyer of his choice if he so desires or to meet any of his nearest relation.

8)    When such person is produced before the nearest Magistrate under section 61, the police officer shall state in his forwarding letter under section 167 (1) of the Code as to why the investigation could not be completed within twenty four hours, why he considers that the accusation or the information against that person is well-founded. He shall also transmit copy of the relevant entries in the case diary B.P. Form 38 to the same Magistrate.

9)    If the Magistrate is satisfied on consideration of the reasons stated in the forwarding letter as to whether the accusation or the information is well-founded.-and that there are materials in the case diary for detaining the person in custody, the Magistrate shall pass an order for further detention in jail. Otherwise, he shall release the person forthwith.

10)                  If the Magistrate releases a person on the ground that the accusation or the information against the person produced before him is not well-founded and there are no materials in the case diary against that person, he shall proceed under section 190(1)(c) of the Code against that police officer who arrested the person without warrant for committing offence under section 220 of the Penal Code.

11)                  If the Magistrate passes an order for further detention in jail, the Investigating officer shall interrogate the accused if necessary for the purpose of investigation in a room in the jail till the room as mentioned in recommendation B(2)(b) is constructed.

12)                  In the application for taking the accused in police custody for interrogation, the Investigating officer shall state reasons as mentioned in recommendation B(2)(c).

13)                  If the Magistrate authorizes detention in police custody, he shall follow the recommendations contained in recommendation B(2)(c)(d) and B(3)(b) (c)(d).

14)                  The police officer of the police station who arrests a person under section 54, or the Investigating officer who takes a person in police custody or the jailor of the jail, as the case may be shall at once inform the nearest Magistrate as recommended in recommendation B(3)(e) of the death of any person who dies in custody.

15)                  A Magistrate shall inquire into the death of a person in police custody or in jail as recommended in recommendation C(1) immediately after receiving information of such death.