Arbitrary arrest on suspicion: Review petition hearing on Feb 9

The Supreme Court today adjourned till February 9 the hearing of a review petition filed by the government challenging its judgement against the arbitrary exercise of power by law enforcers.

In its 2016 judgement, the SC upheld the 2003 High Court verdict which ruled against exercise of arbitrary power by law enforcers using some provisions of the Code of Criminal Procedure (CrPC) including Section 54.

Section 54, seen as a nefarious provision, empowers police to arrest anyone on mere suspicion. Under several other sections of the criminal law, arrestees are placed on remand and detained in violation of their fundamental rights to protection of life and liberty, it said.

A seven-member bench of the Appellate Division headed by Chief Justice Hasan Foez Siddique passed the adjournment order after a brief hearing on the matter.

During the hearing, Attorney General AM Amin Uddin submitted a written argument on the review petition before the apex court.

In the written argument, the attorney general mentioned some inconsistencies between the SC guidelines and relevant existing laws, Deputy Attorney General Amit Talukdar told The Daily Star without elaborating.

The HC delivered its verdict on April 7, 2003, responding to a writ petition filed by a group of human rights organisations including Bangladesh Legal Aid and Services Trust (BLAST) and individuals after the death of university student Shamim Reza Rubel in police custody on July 23, 1998.