Dealing with Detainees on Remand
SC starts hearing on appeal
The Supreme Court yesterday started hearing on a long pending appeal against the High Court directives on the detention of any person under suspicion and subsequent dealings with the detainees on remand.
A five-member bench of the Appellate Division headed by Chief Justice Mohammad Fazlul Karim yesterday fixed August 17 for further hearing on the appeal.
On April 7, 2003, the HC issued 15-point directives barring the government from arresting any person under the Special Powers Act.
The government had filed an appeal with the SC on August 2, 2003, against the HC verdict.
The HC ruled that some provisions of Section 54 under the Code of Criminal Procedure (CrPC) pertaining to arrest on suspicion, and Section 167 dealing with remand, were not consistent with the fundamental rights.
It asked the government to amend the relevant sections of the CrPC within six months from the date of the ruling.
The HC also made it mandatory for a police officer to produce a person before the magistrate within 24 hours of arrest.
It said a person arrested under Section 54 cannot be placed on police remand for interrogation without any nod of the metropolitan sessions judge or the district and sessions judge.
The HC verdict came upon a writ petition filed as public interest litigation (PIL) by human rights groups and individuals following the tragic death in police custody of Shamim Reza Rubel, a student of Independent University, on July 23, 1998.
The writ petition was jointly filed by BLAST, Ain-o-Shalish Kendra, Sammilita Samajik Andolan, Sabita Rani Chakroborty, Syed Anwarul Haq, Sultanuzzaman Khan, Ummun Naser and Prof Maniruzzaman Hyat Mamud on November 29, 1998.
Additional Attorney General MK Rahman appeared for the government, while advocate Idrisur Rahman represented the writ petitioners.
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