SC rejects State’s appeal on Sections 54, 167

The Supreme Court has rejected the appeal of the State against a High Court verdict on the application of the Sections 54 (arrest under suspicion) and 167 (interrogation under remand) of the Criminal Procedure Code.

A four-member bench of the Appellate Division headed by Chief Justice Surendra Kumar Sinha passed the order on Tuesday morning.

Meanwhile, in its verdict, the apex court has said that it will give a guideline on how to apply these two sections.

Earlier on May 17, observing that any arrest by law enforcers in plainclothes is alarming, the Supreme Court said the law enforcers will have to be in uniform while arresting anyone.

The court fixed May 24 (Tuesday) for passing an order on the petition.

On March 22, the Supreme Court started hearing the petition filed by the state against the HC order.

Earlier on January 20, the Appellate Division asked the government what steps had been taken regarding the HC guideline and directed to submit a progress report in this regard.

Police arrested Shamim Reza Rubel, a student of Independent University, from Dhaka’s Shiddeswari area in 1998. Latter, he died at the detectives’ office at Minto Road on July 23 that year in police custody.

In the year 1998 Bangladesh Legal Aid and Services Trust (BLAST) filed a writ petition following the incident.  Following the petition, the High Court ruled upon the government on November 21.

On April 7, 2003, after hearing, the HC gave specific recommendations and 15 point directions to the government including the amendment of the arrest and remand as per the sections 54 and 167.

The then four-party BNP government appealed with the Appellate Division seeking a stay on the HC verdict.

On August 2 in 2003, the Appellate Division accepted the government’s leave to appeal.

However, the Appellate Division did not stay the HC’s directions. So, the government filed the appeal on the ground of acceptance of leave to appeal in 2004.

Sections 54 (arrest under suspicion) and 167 (interrogation under remand) of the Criminal Procedure Code (CrPC) of 1898 empower police to nab any person under suspicion and interrogate any accused on remand.