Supreme Court File Photo.  Abdul Goni
Bangladesh

SC allows 'shown arrest' practice to remain in force, stays HC ruling

Staff Correspondent

The Appellate Division of the Supreme Court (SC) on Wednesday stayed a High Court (HC) order that had barred law enforcement agencies from placing individuals under 'shown arrest', detaining them or subjecting them to harassment in the absence of specific pending cases.

A bench headed by Chief Justice Zubayer Rahman Chowdhury passed the order and directed the HC to dispose of the rule issued in the matter within four weeks.

Attorney General Barrister Md Ruhul Quddus Kajal represented the state, while senior lawyer Barrister Sara Hossain and Advocate Syed Mamun Mahmud appeared for the petitioners.

The Attorney General said the decision means that if investigators find evidence against someone during an investigation, they can ask the court to place that person under shown arrest, even if the person's name was not included in the original First Information Report (FIR).

Lawyers representing the petitioners expressed concern over the decision. 

They argued that political activists are often shown arrested in new, false cases after getting bail, causing unfair harassment. 

Earlier, the HC directed the authorities not to place specific individuals under shown arrest, detain them or subject them to any form of harassment in the absence of specific pending cases.

The High Court also asked the government to explain why repeatedly showing someone arrested in false cases should not be declared illegal.

The state subsequently filed an appeal before the Appellate Division challenging the HC order, prompting Wednesday's stay.

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