Appellate Division suspends HC order on shown-arrest without specific case

The Appellate Division of the Supreme Court has stayed a High Court order that barred law enforcement agencies from showing a person arrested, detaining or otherwise harassing them in the absence of a specific criminal case.

A bench headed by Chief Justice Zubayer Rahman Chowdhury passed the order on Wednesday (July 29).

The apex court also directed that the rule issued by the High Court be disposed of within four weeks.

Attorney General Barrister Md Ruhul Quddus Kajol represented the state, while Senior Advocate Sara Hossain and Advocate Syed Mamun Mahbub appeared for the petitioners.

Earlier, acting on petitions filed by several individuals, the High Court had ruled that no person could be shown arrested, detained or otherwise harassed if there was no specific case pending against them.

The High Court also issued a rule asking why the repeated practice of showing the petitioner arrested and allegedly implicating them in serious false cases with the intent to harass, humiliate and oppress should not be declared illegal, without lawful authority and of no legal effect.

It further asked why the authorities should not be directed to refrain from showing the petitioner arrested, detaining or otherwise harassing them in the absence of any specific criminal case.

The state subsequently challenged the High Court order before the Appellate Division. Following the hearing, the apex court stayed the operation of the High Court's order and directed that the pending rule be disposed of within four weeks.