To prevent citizens from being arrested and harassed through fake arrest warrants, police officers must verify the authenticity of any warrant against the police Central Data Management System (CDMS) before executing an arrest, the High Court directed on Monday.
A High Court bench comprising Justice KM Hafizul Alam and Justice Murad A Mowla Sohel delivered the verdict after disposing of a rule.
The court instructed the Inspector General of Police (IGP) Md Ali Hossain Fakir to issue a circular stating the court directives and dispatch it to all law enforcement agencies.
In a separate order, the Supreme Court Registrar General Mohammad Habibur Rahman Siddiquee was directed to send instructions to all judges of subordinate courts.
Under these instructions, lower court judges must ensure that copies of the complainant’s National Identity Card (NID) and the lawyer’s professional card are attached to case documents during the filing of any complaint case to confirm their identities.
In its observations, the High Court stated that any arrest of a citizen must strictly follow the procedures laid down in the Code of Criminal Procedure, warning that any deviation constitutes a violation of the law.
The verdict noted that arresting an individual on a fake warrant infringes upon their fundamental and constitutional rights, emphasizing that safeguarding these rights is the responsibility of all law enforcement agencies.
The court further underscored the necessity of exercising extreme caution when filing cases and making arrests to prevent citizens from facing harassment through the judicial system, noting that the harm inflicted on a citizen in such instances cannot be subsequently compensated.
The judgment followed a writ petition filed by Human Rights and Peace for Bangladesh (HRPB) after media reports highlighted instances where opposing parties were arrested and harassed using fraudulent warrants.
Following the petition, a High Court bench issued a rule on 30 January 2013 and directed the officer-in-charge (OC) of Gulshan Police Station to submit a report regarding the arrest of a citizen named Arif Niazi.
During court proceedings, details regarding Niazi were presented. He was arrested from his Gulshan residence in 2012 under a fake warrant.
Niazi learned that a false case and fake warrant had been issued against him only after he was produced before the court.
An investigation committee formed under the orders of the court where he was produced subsequently confirmed that the arrest warrant had indeed been issued through a fake case.
Following media coverage of the incident, the writ petition was lodged, naming eight respondents, including the home secretary, the IGP, the Dhaka Metropolitan Police commissioner, and the OC of Gulshan Police Station.
Deputy Attorney General JR Khan Robin and Assistant Attorney General Mohammad Humayun Hossain Tuheen appeared on behalf of the state during the hearing.
Advocates Mohammad Sarwar Ahad Chowdhury and Nasrin Sultana represented the writ petitioner.
