Blast Vs BD

BLAST and others vs.
Bangladesh and others [‘Section 54 Guidelines

Case’, or ‘Rubel Killing Case’ or ‘Guidelines on Arrest and Remand Case’]
High Court Division of the Supreme Court of Bangladesh
Facts: BLAST, Ain o Salish Kendra, Shonmilito Shamajik Andolon and several individuals filed
a writ petition in the High Court challenging the abuse of police powers to arrest without warrant
under Section 54 of the Code of Criminal Procedure (CrCP) and the abuse of powers regarding
taking the accused into remand (police custody) under Section 167 of the CrPC. The petitioners
referred to recent incidents of gross abuse of power, including allegations of custodial death,
torture and inhuman treatment, especially the killing of a young student, Rubel, in remand after
arrest under Section 54 of the CrPC.
Argument: The petitioners argued that law enforcing agencies routinely abuse the powers
granted under Sections 54 and 167 of the CrPC, and further that these provisions suffer from
vagueness and allow for arbitrary exercise of power. The petitioners argued that the Court should
enunciate safeguards to prevent or curtail police abuse of powers and arbitrary actions by
Magistrates, which constitute violations of citizens’ fundamental rights to life and liberty, to
equal protection of law, to be treated in accordance with law and to be free from cruel, inhuman
and degrading treatment and punishment as guaranteed under articles 32, 27, 31, 33 and 35 of the
Constitution.
Order: The High Court initially issued a Rule Nisi, and upon full hearing delivered judgment on
07.04.2003, observing that Sections 54 and 167 of the CrPC are not fully consistent with
constitutionally guaranteed freedoms and safeguards. The Court laid down a comprehensive set
of recommendations regarding necessary amendments to both sections of the CrPC, along with
the Police Act, The Penal Code and the Evidence Act, and directed that these should be acted
upon within six months. It also laid down a set of fifteen guidelines with regard to exercise of
powers of arrest and remand:
 No Police officer shall arrest anyone under Section 54 for the purpose of detention under
Section 3 of the Special Powers Act, 1974
 A police officer shall disclose his/her identity and show his/her ID Card on demand to
the person arrested or those present at the time of arrest
 A record of reasons of arrest and other particulars shall be maintained in a separate
register till a special diary is prescribed
 The concerned officer shall record reasons for marks of injury, if any, on the person
arrested and take him/her to nearest hospital or government doctor
 The person arrested shall be furnished with reasons of arrest within three hours of
bringing him/her to the Police Station
 If the person is not arrested from his/her residence or place of business, the relatives
should be informed over the phone or through messenger within one hour of bringing
him/her to Police Station
 The person concerned must be allowed to consult a lawyer of choice or meet nearest
relations
 While producing the detained person before the Magistrate under Section 61 of the CrPC,
the police officer must forward reasons in a forwarding letter under Section 167 (1) of the
CrPC as to why the investigation could not be completed within twenty four hours and
why s/he considers the accusation and information to be well founded
 On perusal of the forwarding letter, if the Magistrate satisfies him/herself that the
accusation and information are well founded and materials in the case diary are sufficient
for detaining the person in custody, the Magistrate shall pass an order of detention and if
not, release him/her forthwith
 Where a person is released on the aforesaid grounds, the Magistrate shall proceed under
190(1)(c) of the CrPC against the Officer concerned under Section 220 of the Penal
Code.
 Where the Magistrate orders detention of the person, the Officer shall interrogate the
accused in a room in a jail until a room with glass wall or grille on one side within sight
of lawyer or relations is constructed
 In any application for taking accused in custody for interrogation, reasons should be
mentioned as recommended
 The Magistrate while authorizing detention in police custody shall follow the
recommendations laid down in the judgment
 The police officer arresting under Section 54, or the Investigating Officer taking a person
to custody or the jailor must inform the nearest Magistrate about the death of any person
in custody in compliance with these recommendations
 The Magistrate shall inquire into the death of any person in police custody or jail as per
the recommendations.
Status: The Government has preferred an appeal (Civil Appeal No. 53/2004), which is now
pending before the Appellate Division. However, no stay was granted and the Guidelines are in
force.
Laws Cited: Constitution, Articles 27, 31, 32, 33 and 35; the Code of Criminal Procedure, 1898
Reported: 55 DLR (2003) 363
***collected

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BLAST and others vs.

Bangladesh and others [‘Section 54 Guidelines

High Court Division of the Supreme Court of Bangladesh

Reported: 55 DLR (2003) 363

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