The High Court yesterday barred the government from detaining a person under the Special Powers Act after arrest on suspicion.

The court held that a person arrested under Section 54 cannot be placed on police remand for interrogation without any nod of the metropolitan sessions judge or the district and

sessions judge.

The bench comprising Justice Hamidul Huq and Justice Salma Masud Chowdhury also ruled that an accused has to be interrogated by the investigation officer in prison instead of police interrogation cell in presence of his relatives and lawyer. It has to be done behind a glass so that they can see whether he

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is physically tortured.

The court in a series of guidelines, mandatory for the authorities, said an accused has to be medically examined before and after police remand for interrogation under section 167 of Criminal Procedure Code (CrPC). If any accused complains of torture during police remand and medical examination proves it, the court will take action against the investigation officer on the basis of his complaint.

The court directed the government to amend the relevant law (Section 54 and 167 of CrPC) within six months. The guidelines set by the court are to be adhered to until the laws are amended.

The court recommended raising penalty to seven years of imprisonment from two years for wrongful confinement and seven years from three years for malicious prosecution amending the relevant laws.

The judgement came in the wake of severe criticism both home and abroad of persistent abuse of power by police and death in custody.

It all came upon a public-interestlitigation (PIL) filed by human rights groups and individuals following the tragic death in police custody of Shamim Reza Rubel, a student of the Independent University on July 23, 1998.

The government constituted a judicial commission headed by Justice Habibur Rahman Khan who made recommendations about application of section 54. Those recommendations were included in the public litigation case in the form of writ.

The writ of November 29, 1998 was filed jointly by BLAST, Ain-o-Shalish Kendra, Sammilita Samajik Andolan, Sabita Rani Chakroborty, Syed Anwarul Haq, Sultanuzzaman Khan, Ummun Naser and prof

Maniruzzaman Hyat Mamud.

The court further said police have to immediately inform the relatives of a person arrested in his house or at work showing the identity of the police officer. If anyone arrested in the street or elsewhere, his relatives are to be informed in three hours, if needed, through a special messenger.

After a lengthy hearing, the court disposed of the rule issued earlier upon the writ challenging the legality of arrest under section 54 without any specific charge and subsequently taking the accused to police remand for interrogation, which is ultra-vires to the fundamental rights guaranteed in the constitution.

Dr Kamal Hossain, Barrister Amirul Islam, Idrisur Rahman and Dr Shah Deen Malik appeared for the petitioners, while Attorney General AF Hassan Ariff and his assistant Zaman Akhter Bulbul stood for the State.