The three followings organs which are Legislative, Judiciary, and Executive are most important for a state. Arrest and police remand is most wide world to describe.
One organ is interconnected with another. The executive body is directly dealing with people.
To execute the order of the judiciary they work hard. Basically, we see that police are the primary law enforcers.
Now at this time, the police power has been questioned over time s. Many members of law enforcement agencies are often accused of abusing their powers and defying human rights.
In Bangladesh, a large number of people know that remand means a torture cell of inhuman and it’s the absolute right of torture of police or other law enforcers.
It’s marvelous that many people of our country think law enforcers have the right to arrest and torture without court permit anyone at any time and it’s their absolute duty.
If you didn’t see in root level situation you can’t understand the absolute mind of general people. More of the people didn’t conscious that the Right to life, personal freedom, and self-defense against arrest and detention is our constitutional fundamental rights.
By taking the opportunity of ignorance of general public and gap of our basic procedural law arrest and remand are crucially abused by law enforcers.
Section 54 of the CrPc and the special Power act 1974 have been identified by different human rights watchdog agencies as the main sources of human rights violation in the country.
In the case of BLAST vs. Bangladesh (55 DLR 363) the high court division of the supreme court have been elaborately discussed abuse of power under sections 54 and 167 of the CrPc by the police and magistrates.
According to the procedure of section 167 the method of extracting information from the arrested persons by the police is barbarous and this is the exclusive reason behind so many custodial death.
In the case of BLAST vs. Bangladesh HCD has given fifteen recommendation with regard to detention to the government.
Meanwhile, after the recommendation in practice law enforcers didn’t obey it and the government is not concious at all.
If you ask anyone about police remand, most of the people answer that to take confession police use force though remand means normal interrogation lawfully.
On the same case decision we see that the high court division has also given following recommendations regarding interrogation into police custody.
We have a lot of law but it has no proper application and it’s the major problem.
Now in lower court we see that when the court grant remand specifically chanceless medical checkup after and before the remand .
What does that mean? the honorable court also know that police will torture the accused on remand as well as.
I think, when police are break there remand ethics, remand should be more special and it find out by discussion of law schooler.
To protect our constitutional fundamental rights and abuse of police power government should take step in accordance with the high court division recommendation.
Under section 54 of the CrPc a lot of invalid arrest in our country, most of the law enforcers to stablish their personal honor and career rank they push on innocents on different serious criminal cases by arresting under this section.
While law enforcers are the soul of peace and security of a state, it’s too important and they should more honest and duty full when excercise the power.
In same kind of abuse of police power is direct violation of our constitution, major international convention and pure law.
Some cases are too pathetic, like as Limon Hossain case who are tortured by Rab on Jhalakathi, Abdul Kader case, on July 15, police arrested Kader of attempted robbery and other allegation.
Later he was found innocent even departmental investigation. So, by analysis in all above cases and fact we find that Bangladesh has a lot of history of abuse of police power on arrest and remand.
At last, the practice concept of arrest and remand should be change as soon as possible.
I think that we need more research by law enthusiastic how to remove abuse of arrest and remand.
We, who are teachers and students of law need to talk more about leggings of law and practice.
I highly believe that in a day the present practical concept of arrest and remand shall be change and all inhuman may be prick.
Reference: The legal system of Bangladesh by MD. Abdul Halim, Academia.edu, Constitutional Law of Bangladesh by Mahmudul Islam, Blast.org.bd.