Jurists, rights activists hail judgment

Eminent jurists and human rights activists hailed yesterday's Supreme Court verdict, expressing the hope that it would stop the misuse of power by law enforcers regarding arrest, detention in custody, remand and interrogation.

The judgment upheld fundamental rights of the citizens enshrined in the constitution, they said, adding that they were expecting the government to amend the relevant laws to comply with the SC order. 

The SC upheld a High Court verdict that was delivered in 2003 to bar law enforcement agencies from making arbitrary arrests on suspicion and torturing detainees on remand. It, however, said it would come up with some modifications to the HC judgment and guidelines in the full text of the order. 

Eminent jurist Dr Kamal Hossain said, “This is truly a landmark judgment, since it will ensure protection of fundamental rights of citizens in relation to arrest, detention in custody, remand and interrogation, as well as assure protection against torture, and related abuse of these powers, by those who rely on outdated laws and practices, which are no longer valid under the constitution.

“Thus, this judgment will assure citizens of constitutional protection appropriate for the 21st century, and not allow unconstitutional practices such as arbitrary arrest, unlawful interrogation and detention and torture going back to the 19th century and colonial times ...”

Dr Kamal, a lawyer for the petitioners, made the observations in a press statement.

M Amir-ul Islam, noted jurist and another lawyer for the petitioners, said since the Appellate Division dismissed the government's appeal challenging the HC verdict, the relevant laws must be amended.

Justice Md Awlad Ali, a former High Court judge and vice-chairman of Bangladesh Legal Aid and Services Trust (BLAST), one of the three organisations that filed a writ petition over the issue in 1998, said, “This is a landmark judgment. It will protect people's constitutional rights largely.”

The petition was lodged following the death of Shamim Reza Rubel, a student of Independent University in Dhaka, due to brutal torture in police custody.

It was aimed to stop such deaths, said noted jurist Shahdeen Malik.

“Incidents of police torture have increased recently. However, it is a matter of hope that following the judgment, police torture will come down and we will move towards becoming a civilised nation,” he said.

Rights activist Sara Hossain, also a lawyer for the petitioners, said, “This judgement is a big weapon. It proves that people's rights can be established through joint efforts by the court, lawyers, mass media and human rights and social activists.”

Nur Khan Liton, acting executive director of rights body Ain o Salish Kendra, another petitioner, said the petition had been filed to stop arbitrary arrest of any suspect and torture in police custody.

He added, “With this verdict, our 18-year-long legal battle to protect human rights now reaches a significant level and with the full implementation of the guidelines [already set by the High Court], our victory will be achieved.”

While there is a rising trend of arbitrary arrests and enforced disappearances in the country now, the full implementation of the guidelines will help curb the phenomena, he said.

MINISTERS' REACTION

Law Minister Anisul Huq said the government, if necessary, would amend the Code of Criminal Procedure (CrPC) in the interest of the people. In that case, steps would be taken in line with the guidelines and observations of the top court.

There are some emergency provisions in laws and section 54 of the CrPC is one of those, he said. 

“Whether a section is good or bad depends on its application. So, it is hard to say that section 54 is bad.”

The minister told reporters at his secretariat office that law enforcers should apply section 54 when they think the person they are going to arrest has intention to commit a crime.

Home Minister Asaduzzaman Khan said actions will be taken if any member of the law enforcement agencies abuses section 54.

Everyone has to follow the directives of the apex court. Members of the law enforcement agencies will also follow the directives, he added.